(1) CRI.APP. 3427.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3427 OF 2010 Anusayabai Keshavrao Puyad and others .. Applicants VERSUS The State of Maharashtra and anr. .. Respondents Mr. R.B. Narwade Patil, Advocate for the Applicants Mr. V.G. Shelke, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH AUGUST, 2010 ORAL ORDER:- 1. Heard learned counsel. By the present application, the applicants seek anticipatory bail in connection with crime no. 228 of 2010 registered at Rural Police Station (CIDCO), Nanded for offences under section 302, 498-A r/w. 34 of the Indian Penal Code. It appears that FIR was registered on basis of dying declaration of deceased Sow. Kavita. She narrated the incident dated 26th June, 2010. According to her, the applicants alongwith other accused abused her, assaulted her and poured kerosene on her person after holding her. She narrated (2) CRI.APP. 3427.2010 further that her father-in-law had thrown burning match-stick on her person. The incident occurred at about 3.00 pm. and in the same evening dying declaration was recorded in the form of FIR. The applicants are named in the FIR. Counsel would submit that the applicants are not residing in the same house and that their presence at the spot is prima facie highly doubtful. 2. At the stage of anticipatory bail, it is necessary to locate whether there is no connecting evidence against the applicants or there is reason to believe that whatever evidence is stated against them or shown against them is basically un-reliable. The promptitude with which the dying declaration was recorded and the fact that the deceased Sow. Kavita died as a result of 53% of the burn injuries would dis-entitle the applicants from claiming the discretionary relief. Consequently, the Application is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp