1 Cri.A.2441.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2441 OF 2011 Smt. Shobhabai W/o Shankarrao Rajbhoj Age 50 Years, Occup.: Labour, R/o Bhogaon, Tq. Palam District Parbhani. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri.P.R.Katneshwarkar, Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 1ST JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail,in Crime No. 34 of 2011, registered with Palam Police Station, Palam,District Parbhani, for the offence Punishable under section 498 (A), 307, 302, 504 read with Section 34 of the Indian Penal Code. 2. Papers of investigation are made available by APP. Both sides are heard. 2 Cri.A.2441.11 3. Crime is registered on the basis of dying declaration of deceased Sheelabai Nagorao Rajboj, who was daughter-in-law of the present applicant. She has made allegations that there was quarrel between her on one side and present applicant and brother- in-law of deceased on other. Present applicant was insisting her that she should reside separate with her husband from family. On 16.05.2011, when she was admitted in the hospital, in dying declaration she disclosed that her husband and father namely Narayan Kapure were out of the house to attend function and at that time present applicant and brother in-law poured kerosene on her person and set her on fire. She sustained 98% burn injuries. 4. Papers of investigation show that Narayan, father of the deceased was present in the village, in the company of husband of deceased. His statement shows that to his knowledge present applicant was not present in village. She had gone to Parbhani two/three days prior to the date of incident. In dying declaration there is mention that present applicant and Narayan were present in the village. There is statement of mother of deceased in which she stated that present applicant was not present in village. The death took place within month of the marriage. In view of the aforesaid circumstance, this court holds that relief of anticipatory bail can be granted in favour of the applicant. So application is allowed. 3 Cri.A.2441.11 (i) In case of arrest of the applicant, in Crime No. 34 of 2011, registered with Palam Police Station, Palam,District Parbhani, for the offence Punishable under section 498(A), 307, 302,504 read with Section 34 of the Indian Penal Code she be released on bail on her furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) each, on condition that- (a) The applicant shall co-operate during the investigation to Investigating Agency. (b) The applicant shall not tamper with the prosecution witnesses . Sd/- [ T.V.NALAWADE, J.] MTK