1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4938 OF 2011 Suhas Maruti Waghchaure Applicant V E R S U S The State of Maharashtra Respondent Shri.R.N.Dhorde, Advocate for the applicant Shri.D.R.Kale, A.P.P. for the respondent / State WITH CRIMINAL APPLICATION NO. 4943 OF 2011 Maruti Laxman Wakchaure & another Applicants V E R S U S The State of Maharashtra Respondent Shri.R.N.Dhorde, Advocate for the applicant Shri.D.R.Kale, A.P.P. for the respondent / State CORAM : R.Y. GANOO, J. DATED : 25th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. These two applications can be disposed of by a common order. 3. The persons covered by these applications apprehend 2 arrest in Cr.No. I-123/11 registered with Akole Police station under section 498 (A), 302 r/w 34 of IPC. F.I.R. in respect of this case is filed by Suvarna, who is no more. Applicant in Criminal Application No.4938 of 2011 happens to be a brother of husband of said Suvarna. Applicants in Criminal Application no. 4943 of 2011 are father-in-law and mother-in-law of Suvarna. 4. Reading of these two applications as well as police papers clearly indicate that said Suvarna suffered burn injuries on 13.10.11. The dying declaration came to be recorded on 13.10.2011. In the said dying declaration Suvarna states that there was some quarrel between her and her husband and that she poured kerosene on her person and ignited herself to fire. There is one more dying declaration which is recorded on 16.10.2011 and in the said dying declaration Suvarna has stated that her husband poured kerosene on her person and put her to fire. In both these dying declarations, question was asked whether she had any complaint or a doubt about “incident of she catching fire”. Said Suvarna has named her father-in-law and mother-in-law while answering said question. 5. The investigating agency recorded statements of near relatives of Suvarna namely Kamal, Kiran and others who have stated that father-in-law and mother-in-law and husband of Suvarna used to harass her on flimsy grounds. 3 6. With the aforesaid record, learned Advocate for the applicants Shri. R.N.Dhorde, submitted that all the applicants are not at all connected with the incident of Suvarna catching fire. He also submitted that doubt expressed by Suvarna in answer to last but one question is without any basis and that there is no merit in the story of the prosecution. He also submitted that the statements of Kamal and others do not specifically implicate the brother as well as parent-in-laws of Suvarna. 7. The learned A.P.P. opposed the submission and opposed anticipatory bail. 8. After having perused two dying declarations, it is abundantly clear that same are in conflict with each other. At the best, these dying declarations implicate husband and no any of the present applicants. Answer to last but one question in which the dying declarations are recorded thereby implicating applicants are far fetched. Statements of nearby relatives do not implicate the applicants as it is their case that Suvarna was being treated or was harassed on minor count. In my view, police papers do not make prima face case against the applicants as regards offence under section 302 of IPC much less charge under 498 A of IPC. Hence all these applicants are entitled for 4 anticipatory bail. Hence the following order. ORDER 1. In the event of arrest of applicants in Criminal Application no.4938 of 11 as also in the event of arrest of any of the applicants in Criminal Application no.4943 of 2011, such applicants be released on bail in the sum of Rs.15,000/- with one surety in the like amount. 2. The applicants shall execute P.R. bond of Rs.15,000/-. 3. All the applicants shall report to the concerned police station firstly on 27.11.2011 between 11.00 a.m. to 4.00 p.m. and thereafter as and when called. ( R.Y. GANOO, J. ) vsm/criappln4938.11