1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4049 OF 2009 Rukhamanbai W/o.Asaram Misal, Age-57 years, Occu-Household, R/o.Golwadi, Tal.Vaijapur, Dist. Aurangabad APPLICANT VERSUS The State of Maharashtra, Through Investigation Officer, Vaijapur Police Station,Tq.Kannad, Dist. Aurangabad RESPONDENT Mr.R.V.Ghuge, learned counsel for applicant. Mr.N.B.Patil, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 15/12/2009 PER COURT : 1. By the present application, the applicant has approached this Court for her release on anticipatory bail in case of her arrest in connection with CR No.218/2009, registered in Vaijapur Police Station for the offence punishable u/s. 302, 323, 504, 506 r/w.34 of IPC. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for State. Also perused the 2 papers of investigation till carried out. 3. From the submissions across the bar as well as the papers of investigation discloses that the offence came to be registered in Vaijapur Police Station on 15/10/2009 on the statement/complaint of victim Sunita Misal wherein she has disclosed about the incident took place in a mid night of 14/10/2009, when her husband Bhausaheb came in drunkard condition and abused her that he had some illicit relations with Sangita and now he do not want to co-habit with victim Sunita, who is his married wife. Considering the scenario, the role played by the present applicant that she advised the victim to go out or otherwise she will become the victim of the anger of her husband. On the basis of this statement cum complaint of deceased Sunita, an offence came to be registered against the husband of the victim, the present applicant no.1 and other in laws. According to learned counsel appearing for the applicant, the contents of the complaint if accepted as it is, no offence is made out of any type against the present applicant, hence she be released on anticipatory bail. 4. While opposing the bail application, it is urged across the bar by learned APP appearing for the respondent State that after the incident occurred in the mid night of 14/10/2009, the victim succumb to death due to burn injuries which she had sustained during the incident. Within meantime, on 22/10/2009, her dying declaration was recorded in which she has implicated the present 3 applicant as the present applicant caught hold her, poured kerosene on her, then her husband set her on fire. 5. Considering the veracity in these dying declaration, this Court do not feel it necessary to ascertain which is the correct statement of facts at this juncture, but it is to be noted that the statement of facts recorded in her statement of 14/10/2009 on the basis of which an offence was registered against the applicant and others, if carefully read then it will not attribute any offence towards the applicant. The case is made out to release the applicant on anticipatory bail , hence order : O R D E R 1. Application is allowed. 2. In case of arrest of applicant in connection with CR No. 218/2009, registered in Vaijapur Police Station, she be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant to co-operate with the investigation machinery and not to leave the local jurisdiction of Vaijapur Police Station till the charge sheet is filed. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4049-09