{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4035 OF 2009 Shashikalabai Bapurao Padul Age-65 years, Occ-Nil R/o Ladsavangi, Tq & Dist-Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for applicant Mr.B.J.Sonawane, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th December 2009 PER COURT: 1. By the present application, the applicant has approached this Court for her release on anticipatory bail in the event of arrest in connection with 119/2009 registered with Karmad Police Station for an offence punishable u/s 323, 304-B, 498-A r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. Perused the papers of investigation. {2} 3. Few circumstances, which gave rise to file the present application, can be summarized thus- Marriage of the son of the present applicant was performed with deceased Babi on 16.06.2003 as per the religious rites. At that time, certain dowry was fixed and part of the same was paid and remaining was yet to be paid. The alleged incident occurred on 21st July 2009. In the said incident, Bebi @ Alka, daughter of the complainant, was expired and after conducting the Postmortem, the dead body was brought to village Ladsavangi where funeral was performed in presence of the complainant, her relatives and other family members. Thereafter, on 10.10.2009, after a period of about 3 months, a complaint came to be lodged against the accused persons. 4. Anticipatory bail is claimed mainly on three grounds; firstly, there is unexplained delay of 3 months in lodging the FIR; secondly, there are vague and general allegations in the compliant and lastly the applicant is a lady and no specific role is attributed to her pointing out the nexus between her role and the death of the victim. In the premise, it is prayed that the applicant be released on anticipatory bail. 5. Learned APP opposed the application on the ground that this is a case of bride burning and dowry death. {3} 6. Considering the submissions, as well as on perusal of the investigation, it is clear that there are no specific allegations against the present applicant. There is substance in the submissions of the learned counsel for the applicant that after the incident, the FIR is lodged after 3 months that too without explaining the delay. In view of this, as there are no specific allegations against the present applicant and also considering the advanced age of the applicant, the applicant deserves liberty. 7. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.119/2009 registered with Karmad police station, the applicant be released on bail on her furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. This protection is granted for a period of 6 weeks, within which time the applicant may apply for regular bail. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4035-09