( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4012 OF 2010 Prakash Naval Patil & another APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Smt. Sadhana S. Jadhav, advocate for the applicants. Mrs. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 12th October, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. The applicants are the brother-in-law and mother-in- law of deceased Anita. 3. The marriage between deceased Anita and Jijabrao, son of the applicant No. 2 and brother of the applicant No. 1, was performed in the year 2000. She was residing with her husband and the applicants in a common house at village Dhamane under Tahsil and District Dhule. Her dying declaration prima facie shows that since about four (4) years, ( 2 ) her husband had shifted to village Nagaon for the purpose of his work as messon. She narrated to the police that her husband was addicted to liquor drinking and used to beat her, abuse her and used to pick up quarrels due to flimsy reasons. The dying declaration also shows that the present applicants used to visit the matrimonial house at Nagaon and used to beat her and subject her to matrimonial cruelty. She narrated to the police that on 18-09-2010 at about 6 p.m., her husband returned home in drunken condition and started abusing her. She further narrated to the police that at about 8 p.m., both the applicants came to the house of her husband at Nagaon and started abusing, threatening and beating her. The dying declaration prima facie shows that at about quarter to twelve in the night, the applicants and her husband were annoyed and unable to control the anger and started telling that she shall not be kept alive. Her husband poured kerosene on her person and flung matchstick towards her. She was caught by fire. She narrated further that the applicants immediately fled away from the house after she started raising hue and cry. 4. The learned advocate for the applicants would submit that they were unconcerned with the matrimonial life of deceased Anita and her husband because they were residing ( 3 ) separately and that fabricated dying declaration was obtained at instance of some of her maternal relatives. The Dying declaration itself shows that father of deceased Anita was not alive at the time of her marriage. Her mother and brother got performed her marriage. It appears from the recitals of the dying declaration that deceased Anita had given birth to a male child by name Mukesh. It is difficult to say that such a a married young woman blissed with a male child would have herself decided to end the life by self-immolation. So far as the role of the applicants is concerned, not only that the recitals of the FIR indicate their presence and participation, but that, the statements of neighbouring witnesses viz. Bharat Khandu Patil, Namdeo R. Patil, etc. go to show that both the applicants visited the house of deceased Anita and said Jijabrao in the relevant evening. The statements of the adjoining neighbours corroborate a part of prosecution story regarding beating of deceased Anita by the applicants and the abuses given to her by them. Needless to say, the presence of both the applicants at the time of the incident, in the matrimonial home, is corroborated by the independent witnesses and the fact that deceased Anita was subjected to matrimonial cruelty soon before her death is also borne out from the record. ( 4 ) 5. Considering the prima facie evidence, I find it improper, unwarranted and undesirable to exercise the discretion in favour of the applicants. The application is, therefore, dismissed. 6. The observations in this order be not considered while deciding any other matter on merits thereof. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln4012-2010