( 1 ) Cri.Appln.4861-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4861 OF 2010 1. Moinoddin s/o Fakruddin Kazi, R/o Dhaknewadi, Tq. Kaij, Dist. Beed. 2. Safiya Begum w/o Moinoddin Kazi, R/o as above. 3. Akbar s/o Moinoddin Kazi, R/o Mahamadiya Colony, Beed. 4. Raziyoddin s/o Moinoddin Kazi, R/o as above. 5. Munni alias Nasreen w/o Akbar Kazi, R/o as above. APPLICANTS VERSUS 1. The State of Maharashtra, through Police Inspector, Peth Police Station, Beed. 2. District Superintendent of Police, Beed. District Beed. RESPONDENTS .... Mr. A.M. Karad, advocate for the applicants. Mr. N.H. Borade, APP for the respondents/State, assisted by Mr. S.S. Jadhavar, advocate for the original complainant. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 13th December, 2010] PER COURT : 1. This is an application filed under section 438 of the Criminal Procedure Code. ( 2 ) Cri.Appln.4861-10 2. Heard learned advocate for the applicants and learned A.P.P., who is ably assisted by learned advocate Mr. S.S. Jadhavar. Perused the investigation papers. 3. Having considered the material on record, it prima facie appears that the incident giving rise to the prosecution occurred on 8th October, 2010 at the matrimonial home of deceased Firdos. The incident is said to have occurred at about 10.30 p.m. in the bedroom where the newly married young woman i.e. Firdos and her husband were present. Her husband by name Raisoddin returned home after day's work. He used to run a welding shop and used to deal in business of manufacturing iron cots. In the relevant night, Firdos, aged about 19 years, told him that they shall reside separately and she was not ready to live in a common house. The husband started beating her after giving abuses. She asked him as to why since about couple of months, he was abusing and beating her. Soon thereafter, he allegedly poured kerosene on her person and set her ablaze by means of a burning matchstick which was flung in her direction. 4. Considering the material collected by the ( 3 ) Cri.Appln.4861-10 Investigating Officer, it prima facie appears that on 8th October, 2010 at about 11.40 p.m., the first dying declaration of Firdos was recorded by the police immediately after she was admitted in the Civil Hospital at Beed. She did not attribute any participation of either of the applicants in the incident and causing burn injuries to her person. So also, her second dying declaration was recorded by an Executive Magistrate and it was in keeping with the earlier version. What appears from the record is that her parents and relatives lateron attempted to implicate the applicants as the persons responsible for causing matrimonial cruelty to her. It prima facie appears that so called oral dying declarations of Firdos referred to by her parental relatives, do not figure in the written dying declaration and there may be some exaggeration made after her death. 5. In view of the foregoing reasons, the application is allowed. The applicants are directed to be released on bail, on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) each, before the Arresting Officer, in the event of their arrests, and on further condition that they shall attend the concerned Police Station on each Tuesday and Saturday between 10 a.m. and 2 p.m. for four (4) consecutive ( 4 ) Cri.Appln.4861-10 weeks hereafter and shall duly cooperate with the Investigating Officer during the period of investigation. The anticipatory bail order will be co-terminus with filing of the chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln4861-2010