{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4311 OF 2009 Sanjay s/o Hiraman Mali Age-40 years, Occ-Agriculturist R/o Kapadne, Tq-& Dist-Dhule APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.C.R.Deshpande. Advocate for applicant Mr.B.J.Sonawane, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 19th January 2010 PER COURT: 1. By the present application, the applicant has moved this Court for his release on bail in connection with CR No. 79/2009, registered with Songir Police Station for an offence punishable u/s 302, 498-A, 504, 506 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation and charge sheet. {2} 3. It appears that the said offence came to be registered on the complaint of one Bhatu Mali, father of the victim Sangita. The alleged offence occurred in the afternoon of 5th November 2009. It is alleged that due to the quarrel between the victim and applicant, who is her husband, the applicant poured kerosene on her person and as at that time she was sitting near a fireplace, her clothes caught fire and later on she succumbed to the burn injuries. It is to be noted that during the investigation statements of the witnesses, including two minor children of the applicant and deceased, came to be recorded. So far as statements of the small children are concerned, they are not corroborating with the dying declarations. 4. This is not the stage nor the forum to consider as to whether the dying declaration to be believed or the statements of the minor children are to be believed as the same can be considered at the time of trial. However, at the same time it requires to be considered that the statements of the minor children are recorded during the investigation, after the applicant came to be arrested. In the premise, it can be inferred that the minor children are not tutored by the applicant to give such statements. At least at this stage, as the two dying declarations and the disclosure by the victim to her father, as stated by him, is not corroborated by the statements of the minor children, case is made out to enlarge the applicant on bail, as there are no chances of {3} tampering of evidence of the prosecution. 5. In the result, application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of Rs. 20,000/- and on executing PR bond in the like amount. Applicant is directed not to contact the prosecution witnesses. [A.V.POTDAR, J.] drp/A10/criapln4311-09