(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3321 of 2011 Saibai w/o. Mainaji Jadhav, Age : 69 years, Occupation : Household and Agriculture, R/o. Umravati, Taluka : Phulambri, District : Aurangabad. .. Applicant. versus The State of Maharashtra, Through P.S.I. In charge Wadodbazar Police Station, Taluka : Phulambri, District : Aurangabad. .. Respondent. ....................... Mrs. S.G. Chincholkar, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH AUGUST 2011 (2) COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant seeking anticipatory bail in connection with Crime No. I-71/2011, registered with Police Station, Wadodbazar (Taluka : Phulambri, District : Aurangabad), for the offences punishable under Sections 304-B, 498-A, 306 read with Section 34 of Indian Penal Code. 3. The offence has been registered on the basis of the complaint lodged by brother of the deceased, namely, Devidas Dethe, on 29-6-2011. The deceased Daivshala, who married with Vishnu about two years prior to the occurrence of the incident, and the applicant herein is the mother-in-law of the said victim. There are allegations in respect of subjecting the victim Daivshala to cruelty, due to non-fulfillment of the unlawful demand of Rs. 20,000/- as a remainder of the dowry, at the hands of the applicant and other co-accused persons. It is also alleged that about one month prior to the occurrence of the incident, the applicant herein threw hot tea on the person of the victim, but the complainant did not complain in that respect considering the marital life of his sister. The incident occurred on 22nd June (3) 2011, and it is alleged that the victim Daivshala was fade up with the mental and physical torture at the hands of the applicant and her inlaws, and therefore, committed suicide by pouring kerosene on her person and set herself ablazed. Thereafter, she succumbed to the injuries on 28th June 2011, and FIR came to be lodged by the complainant on 29-6-2011. 4. The investigation papers were made available by the learned APP for perusal purpose, and on perusal of the said investigation papers, it appears that the deceased Daivshala was pregnant for about 7 months when she committed suicide. Apparently, although the incident occurred on 22nd June 2011, and although the complainant visited the hospital on 23rd June 2011, it is significant to note that no dying declaration of the victim was recorded and even no complaint was lodged in respect of occurrence of the incident immediately and which came to be lodged after a lapse of about 7 days i.e. on 29th June 2011. It is also reported that all other co-accused persons i.e. husband, brothers-in-law and sister-in-law of the victim have been enlarged on bail. Moreover, the applicant was also granted ad interim relief in the present application, and there is no grievance of the respondent that the applicant did not comply with the conditions imposed upon her. (4) 5. In the circumstances, the applicant deserves to be enlarged on anticipatory bail, in the event of her arrest, and therefore, interim order granted by this Court on 1-8-2011 stands confirmed. However, the applicant is directed to attend before the concerned investigator, as when required in writing, till completion of the investigation, and present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3321