(1) CRI. APLN. 4914.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4914 OF 2010 1. Malanbai Bhanudas Ubale Age : 45 years, Occu.: Labourer 2. Bhanudas Wamanrao Ubale Age : 55 years, Occu.: Rickshaw Driver, Both R/o Paithan Gate, Aurangabad 3. Vanita Sandeep Bankar, Age : 24 years, Occu.: Household 4. Sandeep Baburao Bankar, Age : 29 years, Occu.: Service, Both R/o Kailas Nagar, Mondha Naka, Aurangabad Applicants VERSUS The State of Maharashtra Through Jawahar Nagar Police Station, Aurangabad Respondent ..... Mr. P.S. Pawar, Advocate for the Applicants. Mr. B.J. Sonawane, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 16TH DECEMBER, 2010 ORAL ORDER:- 1. This is an Application for anticipatory bail. (2) CRI. APLN. 4914.2010 2. Heard learned Advocate Mr. Pawar P.S. and learned A.P.P. Perused the FIR and other relevant papers including the Intervention Application. 3. The applicants apprehend their arrest in connection with crime registered vide crime no. I-161 of 2010 at Jawahar Nagar Police Station, Aurangabad for offences under section 498-A and 302 of the Indian Penal Code. 4. Perusal of the FIR prima facie shows that statement of deceased-Vidya was recorded. It is the basis for registration of the FIR. In her first dying declaration recorded by the Police, she alleged that in the night of 22.10.2010 her husband returned home in drunken condition and started beating her without any reason. He attributed the charge of her being a woman of easy virtues by calling her "fNuky". Her mother-in-law also assaulted her by means of a broom stick. Thereafter in the next morning, the mother-in-law went outside and latched the room. The mother-in-law urged husband of deceased-Vidya i.e. Nilesh Divekar to beat her as he wanted. The husband again assaulted her, pressed her neck and lateron (3) CRI. APLN. 4914.2010 doused her with kerosene. Thereafter the husband set her on fire. She narrated to the Police that immediately the husband and the mother-in-law left her in burning condition and fled away. The present applicants are named as the persons who used to trouble the deceased in the past. Their involvement is alleged only as persons who used to min-inform the husband of the deceased about her infidelity. It is an admitted fact that they were not present in the matrimonial house during the relevant day or in the relevant morning. Needless to say they did not directly participate in the course of the alleged act of the husband to set Vidya on fire. 5. In this view of the matter, arrest of these applicants is not required for effective investigation as such. It would suffice if they are directed to attend the concerned Police Station and actively participate in the course of investigation. It may be stated that nothing is to be recovered from either of the applicants nor there is direct nexus between the alleged incident which occurred in the early morning of 23.10.2010 and the so-called (4) CRI. APLN. 4914.2010 previous instigation or mis-information by the applicants. 6. In the result, the Application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds as per the interim order dated 2.12.2010 and on further condition that they shall attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. and shall actively co-operate with the Investigating Officer during the course of investigation and shall make no attempt to tamper with the evidence of the prosecution. They shall attend the concerned Police Station for four consecutive Sundays hereafter and any default on their part would entail cancellation of anticipatory bail. Application is accordingly disposed of. Sd/- [V. R. KINGAONKAR, J.] arp