{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3643 OF 2009 Balaji Pandurang Shitole & Others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.S.Chaudhri, Sr. Counsel h/f Mr.D.J.Chaudhari, for applicant Mrs.Yogita M.Kshirsagar, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.181/2002 registered at Gandhi Chowk police Station, Latur for an offence punishable u/s 302 and 498-A r/w 34 of the Indian Penal Code. 2. As the notice of this application was already served on the respondent state, the learned APP has made available the papers of investigation for my perusal. 3. It appears that the alleged incident occurred in 02.09.2009 at 11.30 a.m. in the residential premises of the applicants. This appears to be a case of bride burning at the hands of husband and in laws. It is stated in the complaint that the victim was residing in the said premises {2} along with her husband, mother in law, father in law, brother in law and sister in law. One fact is clear though that it is usual practice in cases of bride burning all members of the family are arrayed as accused, yet in the present case, the brother in law and sister in law of the victim, though were residing in the said premises, are not arrayed as accused. 4. From the complaint it appears that on the fateful day and prior to that the husband and in laws were suspecting the character of the victim and on that count there used to be quarrels between the victim and her family members. In specific words the role played by each of the accused is described in the complaint. It is alleged that on the day of incident, the mother in law caught hold of the victim, the father in law poured kerosene on her person and the husband ignited the matchstick and set the victim on fire. From the allegations in the complaint it appears that there is not only instigation but active role is played by each of the accused while setting the victim on fire. 5. It is urged across the bar that considering the facts recorded in the statement, on the basis of which the offence is registered, though the name of the husband is disclosed yet names of mother in law and father in law are not disclosed. It is also tried to be urged that it is not clear from the complaint that as to from where the articles, to set the victim on fire, were taken. I am afraid to accept this submission on the simple ground that the psychological condition of the complainant, at the time of lodging of the compliant has to be taken into consideration. 6. The bail application is opposed by the learned APP on usual grounds. {3} 7. It is urged by learned counsel for the applicants that the second son of the applicants No.2 and 3 requires constant medical treatment and considering the old age of applicants No.2 and 3, at least, they may be released on bail. It is to be noted that while taking care of the rights of the accused it is also necessary to take care of the rights of the victim. When it prima facie appears that the poor helpless woman was burnt at the hands of these accused, then it cannot be said that the benefit of advanced age has to be given to the applicants. So far as medical treatment and care required to the second son of the applicants No.2 and 3, is concerned, their daughter will take care of him. In the premise, no case is made out to enlarge the applicants on bail. 8. In the result, the application is rejected and stands disposed of. 9. It is, however, clarified that the above observations are prima facie and the trial court, may not be influenced by the same while conducting the trial. [A.V.POTDAR, J.] drp/criapln3643-09