1 Cri.A.2138.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2138 OF 2011 1. Rajendra S/o Digambar Pawar, Age: 36 Years,Occup.: Agril., R/o Patracha Tanda Pathardi, Tq.Pathardi, District Ahmednagar. 2. Sau. Usha W/o Rajendra Pawar, Age: 30Years,Occup.: Agril., R/o Patracha Tanda Pathardi, Tq.Pathardi, District Ahmednagar. ...APPLICANTS. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri. Vivek Dhage,Advocate for Applicants. Shri. N.H.Borade, A.P.P. for Respondent-State. ... CORAM: T.V.NALAWADE, J. DATE : 20TH JUNE, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 137 of 2011, registered with Pathardi Police Station, District Ahmednagar for the offence punishable under sections 306 read with section 34 of the Indian Penal Code. 2 Cri.A.2138.11 2. APP has made available the police investigation papers. Both sides are heard. 3. The Crime is registered on the basis of dying declaration of the deceased. She has made allegation that one of her land was with third party, as loan was taken by her from third party. She wanted to get back the land, by making repayment of loan amount. She has contended that present applicants who are her relatives were saying that she should not make attempt to get back that land. Allegations are made that due to threats given by the applicants she poured kerosene on her person and set fire to herself. 4. Papers of the investigation show that first dying declaration was given on 07.04.2011. In this dying declaration she had disclosed that she was demanding the land back from applicant No.1, and as he refused to return the land back, she set fire to herself. In subsequent dying declaration, she gave different story and she disclosed that the land was with third party and present applicants were pressurizing her not to get redeemed the land from third party. Applicant No.1 appears to be step brother of husband of the deceased. 5. There are statements of husband of the deceased and other relatives 3 Cri.A.2138.11 of the deceased, in which they have repeated the allegations made by the deceased in second dying declarations. 6. Considering the nature of the allegations, police should not require custody of the applicants for the purpose of investigation. Crime is registered for the offence punishable under section 306 of the Indian Penal Code. In view of the aforesaid circumstance, it is fit case for granting anticipatory bail. So, ad-interim relief granted in favour of the applicants is confirmed. Sd/- [ T.V.NALAWADE, J.] MTK