(1) CRI.APP. 4474.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4474 OF 2010 1. Parubai w/o Rama Dhage Age : 19 years, Occu.: Household, R/o. Vazirabad, Tq. Naigaon, Dist. Nanded 2. Girjabai w/o Balaji Mungal, Age : 24 years, Occu.: Household, R/o. Ijani, Tq. Mukhed, Dist. Nanded 3. Ananda S/o Keshav Puyed, Age : 30 years, Occu.: Agri., R/o Punegaon, Tq. and Dist. Nanded 4. Keshav S/o Yadav Puyed, Age : 65 years, Occu.: Agri., R/o. Punegaon, Tq. and Dist. Nanded .. Applicants VERSUS The State of Maharashtra (Copy to be served on the Public Prosecutor of the High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent AND CRIMINAL APPLICATION NO. 4476 OF 2010 1. Anusayabai Keshavrao Puyed, Age : 50 years, Occu.: Household, R/o. Punegaon, Tq. and Dist. Nanded 2. Saritabai w/o Prashant Kalyane, Age : 20 years, Occu.: Household, R/o. Mugat, Tq. Mukhed, Dist. Nanded (2) CRI.APP. 4474.2010+1 3. Ramkishan S/o Mahajan Umate, Age : 68 years, Occu.: Agri., R/o. Vasari, Tq. and Dist. Nanded 4. Prashant S/o Shyamrao Kalyane, Age : 24 years, Occu.: Agri., R/o. Mugat, Tq. Mukhed, Dist. Nanded .. Applicants VERSUS The State of Maharashtra (Copy to be served on the Public Prosecutor of the High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent ... Mr. Anil M. Gaikwad, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. These are Applications for bail. 2. Heard. 3. The Applications are pressed into service only to the extent of the woman accused persons i.e. Parubai, Girjabai, Anusayabai and Saritabai. The Applications are not pressed into service and are withdrawn to the extent of male accused persons i.e. (3) CRI.APP. 4474.2010+1 applicant Ananda, Keshav, Ramkishan and Prashant. The Applications, therefore stand dismissed as withdrawn to the extent of the male applicants. 4. The alleged incident occurred in the matrimonial home of deceased Sow. Kavita. She gave dying declaration to the effect that she was asked to fetch a motorbike from her parents for the use of her husband. She declined to make any such demand. Her husband assaulted her and poured kerosene on her person. The woman accused assisted the husband. It is alleged that her father-in-law i.e. Keshav flung burning match-stick on her person. 5. Sofar as the woman accused are concerned, it is explicit that they did not pour kerosene on person of deceased Sow. Kavita nor they had set her on fire. They are roped only as abettors. They are unlikely to tamper with the prosecution evidence. The investigation is completed and the trial is about to commence. The deceased suffered 53% burns. The incident is said to have occurred at about 3.00 pm. There is certain inconsistency between her Police statement (FIR) and the dying declaration recorded by (4) CRI.APP. 4474.2010+1 the Special Judicial Magistrate. Woman applicants are therefore entitled to seek liberty in view of discretionary protection available under section 437 of the Code of Criminal Procedure. 6. The Applications filed by the male applicants i.e. Ananda, Keshav, Ramkishan and Prashant are dismissed as withdrawn. The Applications to the extent of rest of the applicants i.e. woman applicants are allowed. They are directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- each alongwith surety bond each in the like sum to the satisfaction of the Court of Sessions. They shall not make any attempt to contact any of the prosecution witness and shall make no endeavour to tamper with the evidence of the prosecution. Both the Applications are disposed of. Sd/- [V. R. KINGAONKAR, J.] arp