(1) CR.APP. 2013.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2013 OF 2009 Siddharth Shripati Davne, Age : 28 years, Occu.: Business, R/o Jai Nagar, Nasharathpur Gram Panchayat, Thorawa, Tq. Basmath, Dist. Hingoli .. Applicant Versus 1] The State of Maharashtra Copy to be served on G.P. High Court Bench at Aurangabad 2] Superintendent of Police, Hingoli .. Respondents Smt. S.S. Jadhav, Advocate for the Applicant Mr. J.S. Gavane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 3RD JULY, 2009 ORAL ORDER:- 1] The applicant is seeking anticipatory bail in crime no. 93 of 2009, of Basmath Police Station, Dist. Hingoli. The crime was registered for offences punishable under section 306, 498-A, 34 IPC against the applicant and others. (2) CR.APP. 2013.2009 2] The applicant's brother's wife committed suicide. The incident of arson took place on 28.3.2009. The victim set herself on fire after pouring kerosene on her person. The victim was rushed to hospital. Until 25.4.2009 she was alive. Even on her death on 25.4.2009; till 31.5.2009 no complaint was lodged against the in-laws of the deceased including her husband. Belatedly on 31.5.2009, the mother of the deceased lodged this complaint in which she said that while the deceased was in hospital, the deceased narrated the incidents that took place on the fateful day i.e. on 28.3.2009. She said that her daughter had informed her that on that day all her in-laws including the present applicant were present in the house. In the evening they all abused her and suggested to each other that they should kill her and get rid of her. The present applicant suggested to his brother, the husband of the deceased that the deceased should be burnt alive etc. 3] The complaint besides being delayed is weak, because it is not the dying declaration of the deceased which could have been recorded while the deceased was taking treatment in the hospital. Mere fact that the statement was not recorded though the victim was alive for one month, indicates that there was probably no complaint against the applicant and (3) CR.APP. 2013.2009 others. Belatedly filed complaint appears to be an after-thought. The applicant therefore deserves protection of anticipatory bail. 4] The applicant, in the event of his arrest in this case, shall be released on bail of Rs.5000/- (Rs. Five Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/3july9/cr2013.09