1 Criminal Application No.4994/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4994 OF 2010 Smt. Shaikh Ziya w/o Nisar & ors. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri Md. Waseem, Advocate holding for Shri S.S. Kazi, Advocate for applicants Shri N.B. Patil, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th January, 2011 PER COURT : 1. Heard. The applicant No. 3 – husband has allegedly demanded Rs.2,00,000/- from the wife. The applicant No.2 had instigated the applicant No.3 in causing cruelty and harassing to the victim, the wife. Role of applicant No.1 – sister-in-law is pointed. Husband, as per the prosecution case, assaulted his wife. He caught hold her, and mother-in-law Yasmin doused kerosene on her person, while it is said, Shaikh Ziya, the applicant No.1 has thrown a match stick. However, only Odhni or the upper garments of the victim caught fire. 2. Learned counsel submits that, at the material time, the husband was at Malad, Mumbai, supported by an application dated 2 Criminal Application No.4994/2010 16.10.2010 (Page 28). 3. The acrimonial relations between the parties are writ large, however, the accusations project a perversation on the part of all the three applicants, until they are asked in custody, the investigation would not reach to a proper stage. Release of two accused by virtue of order under Section 439 of the Criminal Procedure Code would not be available to be coined as parity. Application rejected. K.U. CHANDIWAL JUDGE fmp/cri4994.10