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Bombay High CourtABA/2704/2025disposed off

Priyanka Lokesh Nikam v. State Of Maharashtra

2025-09-30Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2704 OF 2025 Mrs. Priyanka Lokesh Nikam ...Applicant

Versus

State of Maharashtra & Ors.

...Respondents

Dr. Uday Warunjikar, Advocate a/w Ms. Sonali R. Chavan, Yash K. Jagdale for Applicant.

Ms. S.M. Yadav, APP for the State.

PSI, Mr. Shrikant Gurao, Bhosari Police Station, Pimpri-Chinchwad, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

30th September 2025 P.C.:

1.

Heard Dr. Warunjikar, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the State. 2.

This is an application filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with C.R. No.408 of 2025, dated 26th August 2025, registered with Bhosari Police Station, Pune Gramin, for the offences punishable under Sections 108, 80, 85, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3.

As per the prosecution case, Accused No.1-husband, Accused No.2-mother-in-law, Accused No.3- father-in-law of the deceased and the present Applicant i.e. Accused No.4 who is sister-in-law of deceased made demands for dowry from the deceased and also they used to harass her as deceased was not having any job and therefore subjected the deceased to physical and mental cruelty. On account of such harassment, the deceased died by suicide on 25th August 2025. The F.I.R. is lodged by the father of the deceased.

4.

It is the main submission of Dr. Warunjikar, learned Counsel for the Applicant that the deceased died by suicide on 25th August 2025 and there is no allegation in the F.I.R. to connect the Applicant to the said incident. He submits that the allegations concerning harassment and demanding dowry by the Applicant is not connected with the act of committing suicide. He submits that the main allegations are against the other Accused. He submits that the Applicant is married and not staying at the residence of her parents where the incident in question took place. He therefore submits that the Applicant be granted protection.

5.

On the other hand, Ms. Yadav, learned APP strongly opposes the Application. She submits that the F.I.R. specifically records role of the Applicant and the offence is very serious and therefore, the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that the main allegations are against the husband, mother-in-law and father-in-law of the deceased, who are Accused Nos. 1, 2 and 3. Admittedly, Accused Nos.1, 2 and 3 have been arrested.

7.

As far as the Applicant i.e. Accused No.4 is concerned, it is true that in the F.I.R., there are allegations against the present Applicant regarding harassment and demand of dowry. However, there is nothing to indicate that immediately before the incident took place on 25th August, 2025, there is involvement of the Applicant in the crime. The Applicant is the sister-in-law of the deceased and staying at her matrimonial house. The Applicant is a woman of 34 years old and has 5 years old daughter. Accordingly, the case is made out for grant of anticipatory bail. 8.

Accordingly, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant- Mrs. Priyanka Lokesh Nikam be released on bail in C.R. No.408 of 2025, dated 26th August 2025, registered with Bhosari Police Station, Pune Gramin, for the offences punishable under Sections 108, 80, 85, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, on executing P.R. bond of Rs.25,000/- and by furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 6th October, 2025, 7th October 2025 and 8th October 2025 between 11.00 a.m. to 3.00 p.m. and thereafter as and when called by the Investigating Officer.

(iii) The Applicant shall not tamper with the evidence or attempt to influence or contact the Complainant, witnesses or any person concerned with the case.

(iv) The Applicant shall not contact the victim and prosecution witnesses.

9.

Accordingly, the Anticipatory Bail Application is allowed in the aforesaid terms and disposed of.

(MADHAV J. JAMDAR, J.)