- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2350/2010 Mumtaj @ Munni Umar Chous, age 30 yrs., occu.household r/o Bharat Nagar, Aurangabad. ...Applicant.. Versus 1] The State of Maharashtra. 2] The Superintendent of Police, Aurangabad. ...Respondents... ..... Shri Sharad Bangar, Advocate for applicant. Shri K.S. Patil, APP for respondents. ..... CORAM: A.V. POTDAR, J. DATE: 07.07.2010 - 2 - PER COURT: 1] By the present application, the applicant has approached this Court for her release on anticipatory bail in the event of her arrest in connection with Crime No. 170/2010 registered in Mukundwadi Police Station, Aurangabad, for the alleged offence u/s 307, 323, 504, 506 r/w 34 of the I.P.C. 2] Heard counsel for the applicant and the learned A.P.P. Perused the papers of investigation. 3] Bare perusal of the complaint shows that the said offence came to be registered on the complaint of victim Najmabi about the alleged incident, which occurred in the early houses of 8.5.2010 around 8-30 a.m. The relation between the applicant and the victim is that the victim is the wife of brother of the applicant. The incident occurred in the open space i.e. playground behind Chhatrapati school at Vijay Nagar, Auranabad. One fact is clear that there shall not be mistaken identity about identification and role of the applicant and others in the crime. Bare perusal of the complaint shows that during the said incident as the husband of the victim was suspecting character of the victim believing that she might have some illicit relations with somebody, husband of the victim and family members attacked on her. The role attributed to the present applicant that during the said incident, apart from her presence, she slapped on the face of the victim and assaulted with kicks and fist blows, this act will not attract offence u/s 307 or preparation for the offence u/s 307 of the I.P.C. In the result, a case is made out to enlarge the - 3 - applicant on bail. In view of this, following order. 4] Application is allowed. The applicant be released on bail in the event of her arrest in connection with Crime No.170/2010 registered with Mukundwadi Police Station, Aurangabad, on furnishing surety in the sum of Rs.15,000/- and on executing P.R. Bond in the like amount. The applicant to attend Mukundwadi Police Station if required on written intimation by the concerned investigating officer. The applicant shall not contact any prosecution witnesses or the victim. Application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr771024