[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2164 OF 2008 Gangadhari Manik Guntukwar ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.R.D.Suryawanshi Advocate for Applicant Mrs.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 8, 2008 DATE : JULY 8, 2008 DATE : JULY 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-286 of 2007 of Bhiwandi City Police Station, Dist.Thane. The said case is mainly under Sections 498(A) and 304-B of IPC. 3. The applicant was married to Sarita (deceased). It is the prosecution case that applicant and his mother demanded Rs.50,000/- from the parents of Sarita and as the demand was not met, Sarita was illtreated, due to which she committed suicide. [-2-] 4. There are three dying declarations on record. In the first dying declaration, Sarita has stated that she was waiting for her husband for dinner, however, her husband had dinner outside. On returning home, her husband enquired whether she had had her dinner. Thereupon, Sarita informed him that she will have dinner as and she she feels hungry. On hearing this, her husband gave her slap and thereafter, he went out of his house. Sarita has stated that she was enraged, hence, she poured kerosene on herself and set herself on fire. In other two dying declarations, Sarita stated that her husband and her mother in law were demanding Rs.50,000/-. On 25.11.2007 i.e. on the day of the incident. Her husband and her mother in law came into her room. Her mother in law stated that if she cannot bring Rs.50,000/-, she should set herself on fire and if Sarita does not die, they would kill her minor daughter. In the two subsequent dying declarations, Sarita has stated that on account of this, she set herself on fire. It is seen that dying declarations are inconsistent which prima facie, raises suspicion in the mind regarding subsequent dying declarations. In any [-3-] event, even as far as two subsequent dying declarations are concerned, it is not the case of Sarita that her husband had uttered any words. Looking to these facts, I am inclined to grant bail to the applicant. 5. The applicant-Gangadhar Manik Guntukwar to be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to the police station, once in a fortnight till the conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]