(1) CRI.APP. 4666.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4666 OF 2010 Kakasaheb Mohaniraj Khatik, Age : 40 years, Occu.: Agriculture, R/o Patharwala, Tal. Newasa, Dist. Ahmednagar .. Applicant VERSUS 1. The State of Maharashtra, Through in-charge Police Station Newasa, Dist. Ahmednagar (Copy to be served on P.P. High Court of Bombay, Bench at Aurangabad) .. Respondent ... Mr. V.D. Sapkal, Advocate for the Applicant Mr. D.V. Tele, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. Heard. 3. The offence is registered on basis of dying declaration of deceased Smt. Bebi. The marriage between deceased Smt. Bebi and the applicant was (2) CRI.APP. 4666.2010 performed about 20 years prior. The incident is said to have occurred on 28.5.2010. She narrated during course of her dying declaration that she was beaten up by the applicant in the morning at about 10.00 am. and in the night time the applicant returned home in drunken condition, as usual, and started abusing her. He beat her with a stick and brick. He thereafter poured kerosene on her person and set her on fire. He did not extinguish the fire. Her son extinguished the fire. 4. The investigation papers would show that deceased Smt. Bebi died as a result of 96% burn injuries. It appears from the investigation papers that the applicant is addicted to liquor drinking. The statements of Pravin and Pradeep, who are the sons of deceased Smt. Bebi and the applicant and are aged about 13 and 16 years respectively, render corroboration to the prosecution case. The minors have no business, prima facie, to speak lie and particularly against the father. It appears, therefore, if the applicant is released on bail then the direct evidence of the minor witness may be (3) CRI.APP. 4666.2010 tampered with or impaired due to his influence. Hence, in order to ensure fair trial, the request for bail stands rejected. The Application is dismissed. Sd/- [V. R. KINGAONKAR, J.] arp