{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2911 OF 2010 Nathu Vithoba Bhillare & Another APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. A.M.Gaikwad, Advocate for the applicants Mr. K.S.Patil, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th August 2010 PER COURT: 1. By the present application, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.36/2010 registered with Shirur (Kasar) police station, Dist-Beed for an offence punishable u/s 307 r/w 498 A of the Indian Penal Code. 2. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation. 3. The present offence is registered on the complaint of {2} Kisnabai Bhilate, daughter in law applicant No.1 and sister in law of applicant No.2. Perusal of the complaint shows that the complainant had married with Bhimrao Bhilate, son of first applicant and brother of second applicant, 15 years prior to the incident. The complaint further demonstrates that applicant No.2 is residing separately and working as a labour with a sugar factory. The alleged incident has occurred on 3rd March 2010 at about 8.00 a.m. It is alleged that the applicants were harassing the complainant and demanding Rs.10,000/-. It is alleged that on the day of the incident, the applicant No.1 had caught hold of the complainant and husband of the complainant poured kerosene on her person and set her on fire. Thereafter, she was admitted in a Beed District Civil Hospital from where her parents collected her and took her to her maternal house. Since on 22nd April 2010 husband of the complainant came to the maternal house of the complainant and removed their children hence the present complaint came to be lodged. 4. Learned counsel for the applicants has urged that there is delay of 53 days in lodging the complaint. It is also asserted that the history, in respect of sustaining burn injuries, given by the complainant herself in the Beed District Hospital, does not support the allegations made in the complaint. 5. Perusal of the medical examination papers demonstrates that after the complainant was admitted in Beed {3} District Civil Hospital at Beed, on 3rd March 2010 at about 4.15 p.m. her statement was recorded. The said statement indicates that on the said day in the morning while the complainant was preparing food, she sustained accidental burn injuries. Thus, it prima facie appears that the allegations against the applicants are not supported by the history given by the complainant herself when she was admitted in Beed District Civil Hospital. In the premise, case is made out to enlarge the applicants on anticipatory bail in exercise of discretion vested in this Court. 6. In the result, the application is allowed. In the event of arrest of the applicants in connection with CR No.36/2010 registered with Shirur (Kasar) police station, Dist-Beed, they be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bond in the like amount. This protection is granted for a period of 10 weeks from today, within which time, the applicants may apply for regular bail before the competent criminal Court. [A.V.POTDAR, J.] drp/B10/criapln2911-10