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Bombay High CourtABA/890/2025disposed off

Akila Bano W/O Sheikh Aziz v. The State Of Maharashtra Thr Pso., Ps Nandanwan , Nagpur

2026-01-08Hon'Ble Shri Justice M. W. Chandwani5 pages

2026:BHC-NAG:323

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.888 OF 2025 Shehnaz Begum w/o Shahbuddin Sheikh Vs. State of Maharashtra WITH CRIMINAL APPLICATION (ABA) NO.889 OF 2025 Sana Anjum W/o Sheikh Moin Vs. State of Maharashtra WITH CRIMINAL APPLICATION (ABA) NO.890 OF 2025 Akila Bano W/o Sheikh Aziz Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri S.V. Bhutada, Advocate for applicants.

Shri C.A. Lokhande, APP for respondent/State. Shri S.S. Ali, Advocate for informant/assist to prosecution. CORAM : M.W. CHANDWANI, J.

DATE : 08.01.2026.

APP NO.2625/2025, 2626/2025, 2623/2025 1.

By these applications, the informant seeks permission to assist the prosecution.

2.

Perused the applications. Since, the informant has interest in the present applications, permission to assist the prosecution is granted. Accordingly, the applications stand disposed of.

ABA NOS.888, 889, 890 OF 2025 3.

The applicants are apprehending their arrest in connection with Crime No.565/2025 registered with Police Station, Nandanwan, Nagpur for the offences punishable under Sections 80, 85, 108, 115(2), 351(2), 3(5) of the

Bhartiya Nyaya Sanhita, 2023 read with Sections 4 and 6 of the Prohibition of Dowry Act, 1961.

4.

The applicant in ABA No.888/2025 is the mother-inlaw of the sister-in-law of deceased Farahnaz, applicant in ABA No.889/2025 is the sister-in-law and applicant in ABA No.890/2025 is the mother-in-law of deceased Farahnaz, who died on 05.11.2025 by committing suicide. The father of deceased Farahnaz lodged FIR alleging harassment at the hands of these applicants as well as the husband of deceased Farahnaz apart from other relatives. Therefore, the aforesaid offences came to be registered against the present applicants and others including the husband of deceased Farahnaz. 5.

It is contended by the learned counsel for the applicants that deceased Farahnaz was earlier married to someone else and after her divorce, she performed second marriage with the son of applicant in ABA No.890/2025 and brother of applicant in ABA No.889/2025. According to him, though there may have been a quarrel on the earlier day of the incident between the applicants and deceased Farahnaz, but according to him, the quarrel was not in respect of demand of dowry. The omnibus allegations in the complaint are alleged by the father of deceased Farahnaz who was not present at the time when the quarrel took place. According to him, there is no proximity between the alleged demand of dowry and death of the victim and therefore, Section 80 will have no application. According to him, the applicants are

ladies. No custodial interrogation of the present applicants is required. He distinctly submitted that the role assigned to the applicant in ABA No.888/2025 has nothing to do with the crime; rather, she intimated the father of the deceased regarding the quarrel that took place on 04.11.2025. The sum and substance of submission of the learned counsel for the applicants is that the applicants need to be protected by exercising the extraordinary powers of this Court. 6.

As against this, the learned APP for the State vehemently submitted that there are allegations of demand of dowry by the present applicants, more particularly applicants - Sana and Akila, the sister-in-law and the mother-in-law of the deceased respectively. Whereas, the applicant in ABA No.888/2025 did not allow the police to take any action when the police reached on the spot on the earlier day of the incident i.e. on 04.11.2025. According to him, she did not allow the parents of the deceased to take her with them and therefore, she is also involved in the crime. He further submits that the death occurred within seven years of marriage and therefore, Section 80 will get attracted.

7.

Having heard the learned counsel for the applicants as well as the learned APP for the State and having gone through the case diary, it is revealed that the death of the victim occurred within five months of marriage. The father of the deceased in the FIR has alleged persistent demand of

dowry, physical and mental cruelty, abetment leading to suicide. It also appears that a day before the incident, the deceased was beaten by the applicants in ABA Nos.889/2025 and 890/2025 i.e. the sister-in-law and the mother-in-law of the deceased and on the next day, she was found hanging in her room. The case diary as well as the statement of the witness reveals the active participation of the applicants in ABA Nos.889/2025 and 890/2025 i.e. the sister-in-law and the mother-in-law of the deceased respectively in the alleged incident of beating and harassment caused on account of demand of dowry. 8.

Considering the nature of the alleged incident and role played by the applicants in ABA Nos.889/2025 and 890/2025, coupled with the fact that the incident of beating took place just one day prior to the alleged incident of suicide by deceased Farahnaz; in my view, no case is made out for granting extra ordinary relief of anticipatory bail to the applicants in ABA Nos.889/2025 and 890/2025. 9.

So far as the applicant in ABA No.888/2025 is concerned, it appears from the complaint itself that the incident of quarrel on 04.11.2025 was intimated by her to the informant i.e. the father of the deceased, who reached on the spot. Though, she prevented the police from taking any action; however, that was on the ground that it is a family dispute and can be resolved. Therefore, it appears prima facie that there is no allegation of harassment at the

hands of the applicant in ABA No.888/2025 on account of demand of dowry.

10.

It is further to be noted here that the applicant in ABA No.888/2025 was granted ad interim protection vide order dated 24.11.2025. She attended the police station and cooperated with the investigation. Hence, a case is made out for grant of anticipatory bail to the applicant in ABA No.888/2025. Accordingly, the interim protection dated 24.11.2025 is hereby confirmed. The applicant in ABA No.888/2025 to appear before the investigating officer as and when required by him.

11.

Criminal Application Nos.889/2025 and 890/2025 are rejected.

12.

With this, the applications stand disposed of. (M.W. Chandwani, J.) Wagh