1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5002 OF 2011 Shaikh Nabi Shaikh Kadar & others Applicants V E R S U S The State of Maharashtra Respondent Shri.Joydeep Chatterjee, Advocate for the applicants Shri.D.R.Kale, A.P.P. for the respondent / State CORAM : R.Y. GANOO, J. DATED : 30th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicants are in-laws of Taherabi, a victim who is presently alive, apprehend arrest in Crime No. 248/2011 registered with Bajarpeth Police Station, Busawal, Dist. Jalgaon under sections 307 & 498-A r/w 34 of the Indian Penal Code. 3. The incident of Taherabi suffering from burn injuries is said have taken place on 23.10.2011 at about 8.00 p.m. Said Taherabi is said to have informed her mother on 24.10.2011 that she caught fire accidentally when she was preparing khichadi on the stove. At a 2 later time she is reported to have informed her mother that her husband poured kerosene on her while he was in intoxicated condition and the present applicants thereafter instigated the said husband to see that she is put to fire by saying that she should not be left alive. 4. The two versions coming from the victim herself cannot be reconciled. There is nothing on record to show that victim was put under pressure at the relevant time when she was in the hospital. When the police had recorded statement of Taherabi at Jalgaon, she had stated that she had caught fire on account of accident. Surely, the record by itself does not show that Taherabi was under pressure to make such statement. On account of this, her later statement dated 25.10.2011 alleging the role of present applicants as regards instigation to see that Taherabi is killed is required to be seen with doubt. In my view, with the aforesaid record, the applicants can be granted anticipatory bail. Hence the following order. 3 ORDER 1. In the event of arrest of any of applicants in Crime No. 248/2011 registered with Bajarpeth Police Station, Bhusawal, Dist. Jalgaon, the said applicant be released on bail in the sum of Rs. 15,000/- (Rupees fifteen thousand only) with one surety in the like amount. The said applicant to execute P.R. bond in the sum of Rs. 15,000/-. 2. The applicants to report to the concerned police station firstly on 03.12.2011 between 11.00 a.m. to 4.00 p.m. till filing of the chargesheet. ( R.Y. GANOO, J. ) vsm/criappln5002.11