{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1923 OF 2010 1. Ashabai w/o Dadaro Magare Age-40 years, Occ-Household R/o Milind Nagar, Aurangabad 2. Sarika w/o Ranu Tribhuvan Age-20 years, Occ-Household R/o As above APPLICANTS VERSUS 1. The State of Maharashtra 2. Commissioner of Police, Aurangabad RESPONDENTS ....... Mr. N.S.Ghanekar, Advocate for the applicants Mr. S.G.Nandedkar, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th June 2010 PER COURT: 1. By the present application the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.11/2010 registered with Osmanpura police {2} station, Aurangabad for an offence punishable u/s 302 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicants and learned APP. Also perused the papers of investigation. 3. This appears to be an exceptional case in which it is alleged that the husband is set on fire by wife and mother in law. As per the dying declaration of deceased Ranu, which is registered as the complaint, it is alleged that in the night of 2nd April 2010 when the deceased was in his room, the applicants came there and poured kerosene on his person and set him on fire. It is further alleged that in the afternoon the deceased had taken meal at the house of his mother in law and asked his wife to accompany him to which she had refused. It is further alleged that in the night both the applicants came to the house of deceased Ranu and set him on fire. According to deceased Ranu, he tried to extinguish the fire by removing his shirt and his parents admitted him in the Ghati hospital. 4. Papers of investigation, particularly spot Panchanama, show that the distance between the house of the applicants and the house of the deceased is 50 feet. Ranu was seen in burning condition in front of the house of applicant No.1. During the investigation statement of one Tanaji came to be recorded. Tanaji has stated that on hearing hue and cry he came out from his {3} house and saw Ranu standing in front of the house of the applicants in burning condition where he collapsed and then he was removed to the Ghati hospital by applicant No.1 where his dying declaration is recorded. 5. It appears that the offence was registered on the basis of the dying declaration, however the same is not supported by the statement of the independent witness Tanaji. Though the applicants are alleged to be involved in a ghastly offence, yet considering the above facts, the applicants deserve to be released on anticipatory bail in the extra ordinary jurisdiction of this Court. 6. In the result, the application is allowed. In the event of arrest of the applicants in connection with CR No.11/2010 registered with Osmanpura police station, Aurangabad, they be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bond in the like amount. The applicants are directed not to tamper with the prosecution witnesses. This protection is granted till filing of the charge sheet. The applicants may apply for regular bail after filing of the charge sheet, if so advised. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln1923-10