1 criapln2168-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2168 OF 2011 1] Amol S/o Bhagwan Dabhade .. APPLICANT Vs 1] The State of Maha. .. RESPONDENT ... Shri R.J.Nirmal,Adv. for applicant. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 22/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.24/2011 registered in Jafrabad police station, Dist.Jalna, for offences punishable under Sections 307,498-A, 323, 504 and 506 r.w. 34 of I.P.C. Papers of investigation were made available by A.P.P. Heard both sides. 2 criapln2168-11 2] The crime is registered on the basis of the report given by deceased in Government hospital on 31/3/11. She has made allegations against husband and his relatives that they were demanding Rs.80,000/- from her parents and even after giving some amount, they were not satisfied and they were giving ill treatment to her. She has made allegations that her husband was giving beating to her and she had approached Womens Redressal Forum against him. For short period, she stayed with her parents and as there was compromise, she had returned to her matrimonial house. She has contended that for purchasing auto rickshaw, husband had started demanding Rs.90,000/- and on that ground, he was giving ill treatment. She has made allegations that the incident took place on the night between 30th and 31st March 2011. There was quarrel between her and the husband and it was going on till 11 p.m. She has made allegations that after starting of the quarrel, the parents and brothers of the husband came there and they insisted the husband to finish her. She has made allegation that the husband set her on fire by pouring kerosene. She has taken name of the present applicant, brother of the husband and she has contended that he also gave instigation to her husband. The A.P.P. submitted that similar dying declaration was given before the Executive Magistrate and sufficient material is there against present applicant to make out prima facie case. She succumbed to the injuries, so crime is registered under Section 304-B of I.P.C. 3 criapln2168-11 3] Advocate for applicant submitted that he is a student and after completion of education upto 12th standard, he is staying in Aurangabad for the study of C.E.T. He has produced some record in respect of the form filled in for appearing for C.E.T. examination. He has also produced a copy of register of attendance and copy of the form to show that he has taken admission in Adarsh Career Acacemy, Aurangabad. The date of admission is shown as 26/3/2011. It is submitted that the applicant was not present in the said village at the time of incident. 4] Though defence of alibi cannot be considered at this stage, the applicant is a student, aged about 18 years, and there is allegation that he instigated his brother to set her on fire, the main allegations are against the husband. It is contended that the amount was given for the business of the husband and subsequently also husband was demanding money. In these circumstances, police will not need custody of the applicant for the purpose of investigation. This Court holds that it is fit case for grant of anticipatory bail. So interim relief is confirmed and the application is allowed. [T.V.NALAWADE,J.] umg/criapln2168-11 4 criapln2168-11