1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1242 OF 2010 1 Sau Surekha w/o Nagesh Ingole (Ingale) 2 Nagesh s/o Sonaji Ingole (Ingale) ...Applicants VERSUS The State of Maharashtra, through police station, Kandhar, Tq. Kandhar, Dist. Nanded, ...Respondent ..... Shri B.A.Dhengale, advocate for the applicants Shri D.V.Tele, A.P.P. For the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 13th April, 2010 PER COURT : 1 Heard Shri B.A.Dhengale, advocate for the applicants and Shri D.V.Tele, A.P.P. for the respondent. 2 This is an application for anticipatory bail preferred by applicant nos. 1 and 2 herein apprehending their arrest under CR No. 144 of 2009, registered at Kandhar police station, for the offence punishable under Sections 302, 307, 498A and 34 of the Indian Penal Code. 2 3 It appears that the offence has been registered on 1.10.2009 on the basis of dying declaration of victim namely Puja w/o Laxman Ambatpure recorded at about 1.00 a.m. on 29.9.2009. 4 It appears that deceased Puja married with Laxman Ambatpure about 1½ years back prior to occurrence of the incident I.e. on 29.9.2009 and applicant no. 1 is her sister-in-law and applicant no.2 is the husband of applicant no.1. It also appears that applicant no.1 preferred application for anticipatory bail before the learned Additional Sessions Judge, Kandhar, District Nanded, but same came to be rejected by order dated 25.2.2010 and thereafter the applicants have approached to this court for grant of anticipatory bail by way of present application. 5 Apparently, two dying declarations of victim Puja were recorded i.e. first on 29.9.2009 at about 1.00 a.m. recorded by police personnel and second recorded on 29.9.2009 at about 8.30 a.m. recorded by the Special Judicial Magistrate, Nanded. It also appears that victim Puja gave oral dying declaration before poice patil on 2.10.2009 and ultimately succumbed to the injuries of 89 per cent burns in the hospital at Nanded on 2.10.2009. 6 On perusal of the contents of both the said above referred written dying declarations, it appears that there are specific allegations 3 against applicant nos. 1 and 2 in respect of instigation to the other family members aiding and abetting in commission of the offence against the victim. Moreover, oral dying declaration given by deceased Puja also reflects the similar allegations against applicant nos. 1 and 2 herein. Besides that, it is reported that applicant nos. 1 and 2 have been absconding, and therefore, no charge sheet could be filed against them. 7 Thus having the comprehensive view of the matter, it is apparent that applicant nos. 1 and 2 have failed to make out any case for grant of anticipatory bail to them, and therefore, present Criminal Application No. 1242 of 2010 being sans merit stands dismissed. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1242.10