{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.457 OF 2010 Lalita Raju Rathod Age-30 years, Occ-Household R/o Jewali Tanda, Tq-Lohari Dist-Osmanabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release her on bail in connection with CR No.19/2009 registered with Murum police station for an offence punishable u/s 302 r/w 34 of the Indian Penal Code, as the applicant is arrested on 13.02.2009 and in the offence charge sheet has been filed on 29.04.2009, however as Muddemal was not received the committal order is not yet passed. {2} 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered in respect of an incident dated 09.02.2009. It is alleged that the brother of the complainant was assaulted with fists and kick blows by the applicant, one Vimal and one Kokate. Out of the 3 accused Kotate is released on bail. So far as the complainant is concerned, he is not an eye witness of the said incident. Statements of the persons, who work in the beer bar are recorded during the investigation. From the said statements it can be gathered that no weapon was used during the assault, however Postmortem notes reveal that the victim died due to injuries caused to the external genital. It has not come on record as to who was the author of the injuries, which has resulted into the death of the victim. In the circumstances, when it is not clear that by whose assault the victim has died, and also on the ground of parity, the applicant deserves liberty. 4. In the result, the application is allowed. The applicant be released on bail on her furnishing surety in the sum of Rs. 20,000/- and on executing PR bond in the like amount, if not wanted in any other offence. [A.V.POTDAR, J.] drp/A10/criapln457-10