cra2912.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2912 OF 2011 Shantabai w/o Chaburao Kasare, Age-50 years, Occu:Agri., R/o-Naigaon, Tq-Phulambri, Dist-Aurangabad. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Station Phulambri, Aurangabad. ...RESPONDENT. ... Shri.J.V. Deshpande Advocate for Applicant. Shri.G.R. Ingole, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 21ST JULY, 2011 PER COURT : 1. This Application is filed for anticipatory bail in Crime No.I-42 of 2011 registered with Phulambri police station, Dist- cra2912.11 2 Aurangabad, for the offences punishable under Sections 307, 302, 498-A read with 34 of the Indian Penal Code. The papers of the investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of dying declaration recorded on 30th April, 2011. In the dying declaration, the deceased has contended that she was given in marriage about one year prior to the incident to the son of the Applicant. She has made allegations that husband and relatives of the husband were giving harassment to her and husband had suspicion about her character. She has contended that on the night between 29th April, 2011 and 30th April, 2011, after 9.30 p.m. the husband and his relatives quarreled with her and during quarrel, the husband poured kerosene on her person and father in law set fire to her. The allegations are made against the present Applicant that she had held the deceased when husband was pouring kerosene and the father in law was setting cra2912.11 3 fire to her. 3. The papers of investigation include the M.L.C. prepared at 02.00 hours of the night between 29th April, 2011 and 30th April, 2011. The M.L.C. was on the basis of information received by the Hospital. It shows that information was given that kerosene lantern had fallen on the person of the deceased at about 00.30 hours. At this stage this record cannot be used as dying declaration. 4. At this stage Advocate for the Applicant submits that he wants to withdraw the Application. The Application is allowed to be withdrawn. The Criminal Application is disposed of as withdrawn. [T.V. NALAWADE, J.] asb/JULY11