FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 4158 OF 2011 GANESH VITHAL TAMBILE VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Londhe Shashikant S APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 05, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest under Crime No. 92/2011, registered at Goregaon Police Station, Tq. Sengaon, District Hingoli for the offences punishable under sections 307, 498-A, 323 r/w 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the statement of Smt Nandabai Ganesh Tambile recorded on 11.8.2011 in the form of her dying declaration. The applicant herein namely Ganesh is the husband of the said victim namely Nandabai. Said statement of the victim Nandabai dated 11.8.2011, discloses that the alleged incident FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders occurred on 10.8.2011 at about 10.00 p.m in the residential house of the applicant and said complainant and applicant herein quarreled with the complainant and assaulted the complainant by stick and her parents caught hold of her and applicant herein administered poisonous substance to her namely 'Yedril'. It is also stated in the said statement that earlier also various attempts were made by the applicant and his parents to administer poisonous substance to the victim and to kill her. Said statement further reflects that after occurrence of the incident, neighbourers gathered there and victim was rescued. Accordingly, it is apparent that name of the applicant herein has been reflected in the contents of the said complaint and specific role and overt act has been attributed to the applicant herein during the occurrence of the incident. 4. Moreover, it also appears that during the course of investigation, statements of the independent witnesses i.e. neighbourers have been recorded, apparently which are in tune with the contents of the complaint. 5. In the circumstances, having comprehensive view of the matter and considering the accusations made against the applicant herein, and nature and gravity thereof, apparently there is primafacie case against the applicant and custodial FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders interrogation of the applicant is imperative for the further progress in the investigation in proper perspective. Hence, present application deserves to be rejected. 6. In the result, present application lacks merits and therefore, dismissed. 7. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. Present application stands disposed of finally ( SHRIHARI P. DAVARE, J. ) aaa/- ***