Dildar Hussain Abdul Hasan Shaikh v. State of Maharashtra
Anticipatory bail – Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023
Case brief
What is this about?
Bombay High Court, Criminal Appellate Jurisdiction; Rajesh S. Patil, J.; decided 6 February 2025; Anticipatory Bail Applications Nos. 241 and 242 of 2025; Dildar Hussain Abdul Hasan Shaikh and Didar Dildar Hussain Shaikh v. State of Maharashtra; anticipatory bail under Section 438 BNSS 2023 rejected; C.R. No. 0899 of 2024, Sakinaka Police Station, dated 27 November 2024; offences under Sections 80 and 3(5) Bharatiya Nyaya Sanhita 2023; dowry demand of Rs. 3,00,000/-; cruelty and attempt to strangle; suicide within a year of second marriage; audio conversation between deceased and Applicants; APP relied on Sections 117 and 118, Bharatiya Sakshya Adhiniyam 2023; earlier F.I.R. by first wife under Section 498-A IPC and Sections 3 and 4 Dowry Prohibition Act (Kotwali Nagar Police Station, Sultanpur, UP); investigation incomplete; custody held necessary; no protection granted.
What did the court decide?
Having considered the contents of the F.I.R., the earlier F.I.R. by the Applicant's first wife, the alleged dowry demand of Rs. 3,00,000/-, the audio conversation between the deceased and the two Applicants, and the suicide within a year of the Applicant Didar's second marriage, the Court held that no protection was required to be given to the present Applicants.