1 criapln2395-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2395 OF 2011 1] Babasaheb Madhav Jawale 2] Dropadabai Babasaheb Jawale 3] Deepak Babasaheb Jawale .. APPLICANTS Vs 1] The State of Maha. .. RESPONDENT ... Shri Joydeep Chatterji,Adv. for applicants. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 23/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No. 209/2011 registered in Pathardi police station, Dist.Ahmednagar, for offences punishable under Sections 307, 376-A, 323, 504 r.w. 34 of I.P.C. Papers of investigation are made available by A.P.P. Both sides are heard. 2] Crime came to be registered on the basis of report given by one Ashwini w/o Haribhau Jawale. The incident took place on 27/5/11. 2 criapln2395-11 She has made allegations mainly against husband that he was using force to have excessive sexual intercourse. She has made allegations that on 27/5/11, husband gave beating to her when her in-laws were not present in the house. At about 12 p.m. the husband poured kerosene on here person and set her on fire. She reported that the neighbours and her in-laws came there and they extinguished the fire. She reported that her father-in-law and husband shifted her to hospital. In the first statement given to police, which can be treated as dying declaration, she blamed only husband for the incident. It appears that subsequent statement came to be recorded on 30/5/11. It is submitted for State that though she did not take names of relatives of husband in the first statement for ill treatment and harassment, she made allegation in subsequent statement that immediately after marriage, the husband and relatives started demanding Rs.80,000/- for purchasing vehicle. She made allegations that they were giving abuses to her and they were giving beating to her. 3] Post mortem report shows that death occurred due to 80% burns. Deceased was given in marriage on 20/5/11 and from the aforesaid circumstances and record, it can be said that main grievance was against the husband only. In view of the first disclosure made by deceased to police and the nature of the allegations against present applicants, this Court holds that anticipatory bail can be granted to the parents of the husband and brother of the husband. 3 criapln2395-11 4] So application is allowed. In the event of arrest of applicant Nos. 1] Babasaheb Madhav Jawale, [2] Dropadabai Babasaheb Jawale and 3] Deepak Babasaheb Jawale in Crime No.209/2011 registered in Pathardi police station, Dist.Ahmednagar, for offences punishable under Sections 307, 376-A, 323, 504 r.w. 34 of I.P.C., they be released on their furnishing P.R. bond of Rs.15,000/- each. They shall not tamper with prosecution witnesses. They shall not enter village Chinchale, Tq. Rahuri, Dist.Ahmednagar till disposal of the case. [T.V.NALAWADE,J.] umg/criapln2395-11