1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 885 OF 2010 Jyoti w/o Kundlik Shinde ...Applicant VERSUS State of Maharashtra and anr. ...Respondents ..... Smt. S.S.Jadhav, advocate for the applicant Shri K .S.Patil, A.P.P. for the respondents. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 18th March, 2010 PER COURT : 1 Heard Smt. S.S.Jadhav, learned counsel for the applicant and Shri K.S.Patil, learned A.P.P. for the respondents. 2 This an application preferred by the applicant seeking anticipatory bail apprehending her arrest in connection with CR No. 28 of 2010, registered at Gandhi Chowk police station, Latur, District latur for the offences punishable under Sections 302 498A r/w Section 34 of the Indian Penal Code. 2 3 The interim protection was granted to the applicant on 5.3.2010 and same is in force till today. 4 The first information report was lodged by one Sudhakar Prabhakar Shinde i.e. brother of victim Gita on 16.2.2010 alleging that his sister namely Gita was subjected to cruelty, illtreatment and harassment by her husband , namely Kishor at the behest of the applicant herein, who had allegedly illicit relations with Kishor and said Kishor set Gita ablazed on 15.2.2010 after pouring kerosene on her person at the instance of applicant herein and she was found dead at the doors of her house. Admittedly, the husband Kishor of victim Gita has been already arrested and he is under judicial custody presently. 5 Apparently, since the applicant herein is neither family member nor relative of deceased Gita, the application of Section 498A would be in doldrums. Pertinently, the provision of Section 306 of the Indian Penal Code has not been applied in the present crime. Apart from that as regards the allegations under Section 302 of the Indian Penal Code against the applicant, it appears that the said allegations are remote, since it is alleged that Kishor poured kerosene on the person of victim Gita and set her ablaze at the behest of the applicant, since she was his mistress. 6 Apparently nothing is to be recovered from the applicant 3 herein during the course of investigation, and therefore, I am of the view that there is no necessity of custodial interrogation of the applicant herein, and therefore, the applicant is required to be enlarged on anticipatory bail. 7 In the result, present Criminal Application No. 885 of 2010 succeeds and interim protection granted to the applicant herein on 5.3.2010 stands confirmed and it is directed that in the event of arrest of the applicant under CR No. 28 of 2010, registered at Gandhi Chowk police station, Latur, the applicant be released on bail on furnishing surety in the sum of Rs. 15,000/- on executing P.R. Bond in the like amount and said order shall remain in force till filing of the charge sheet. The applicant is directed to cooperate in the investigation and shall attend the police station once in a week i.e. on every Wednesday between 3.00 p.m. to 5.00 p.m. till filing of the charge sheet. 8 The above observations are prima facie and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE, J.) dbm/cr885.10