1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Criminal Application (BA) No.297/2011 ( Namdeo Wasudeo Bopte & another .. V/s.. State of Maharashtra, through P.S.O., Borgaon Manju, Tq. & Distt. Akola ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Mr. Mangesh Bute, Adv. for applicants. Mr. N.R. Rode, A.P.P. for respondent/State. CORAM: M. N. GILANI, J. DATED: 17/6/2011. Heard. This is an application under section 439 of the Criminal Procedure Code for releasing the applicants on bail against whom the offence bearing Crime No.39/2011, under sections 302, 304-B, 498-A read with 34 of the Indian Penal Code, registered at the police station Borgaon Manju Tq. and Distt. Akola. Dipali was married to one Jayant Namdeorao Bopte, R/o village Apatapa, Tq. and Distt. Akola in the year 2006. Out of this wedlock she delivered two sons namely Om and Hari. After some period her in-laws started ill-treating her. There was demand of money and on this ground she was subjected to ill-treatment. Her parents rendered the 2 financial help to her in-laws however, things did not improve. It is alleged that the applicant no.1/accused no.2, (the father-in-law of Dipali) had an illicit relation with the applicant no.2/accused no.3. When Dipali learnt about this, the intensity of her ill-treatment increased. On earlier day of the incident, Dipali had informed her parents on telephone that her husband and father in law were quarrelling with her and were threatening that she would be set on fire. In fact, on the same day, her mother was supposed to take her back but for some reason and unfortunately she could not. On 4/4/2011, the parents of Dipali learnt about the death of the deceased. When mother of Dipali reached her house, she found the deceased lying in the courtyard. She had died due to burns. Postmortem examination reveal that death was caused due to compression of neck with burn injuries. I have perused the the case diary, made available by learned A.P.P. The star witness is son of the deceased. He narrated the entire incident, excluding the role of applicant no.2. The evidence, so far collected, point out involvement of the applicant no.1/accused no.2 in commission of offence punishable under section 302 of the Indian Penal Code. From the case diary, evidence does not disclose 3 anything against the applicant no.2/accused no.3 about her involvement in commission of offence of murder. Hence the following order. The application, so far as it relates to applicant no.1- Namdeo Wasudeo Bopte, is rejected. The applicant no.2/accused no.3 Annapurna w/o Janrao Bopte is directed to be released on bail on her executing of P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount with a condition that she shall attend the police station on every alternate day in between 10 a.m. to 12 noon, till the chargesheet is submitted. JUDGE Tambaskar.