Najiya W/O Nazir Shaikh Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Najiya W/O Nazir Shaikh Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation of the interim protection (anticipatory bail) granted on 03.02.2025, subject to conditions: (i) attend the police station as and when required by the Investigating Officer; (ii) not tamper with prosecution evidence and not influence the informant, witnesses or other persons concerned with the case; (iii) co-operate with the investigation and also in the proceedings before the trial Court; any violation renders the protection liable to cancellation.

Issue for consideration

Whether the interim protection (anticipatory bail) granted to the applicant on 03.02.2025 — she apprehending arrest in Crime No.1139/2024, MIDC Waluj Police Station, District Aurangabad, under Sections 80, 85 r/w 3(5) of the B.N.S. in connection with the unnatural death of her daughter-in-law within six months of marriage — should stand confirmed.

Court's answer

The interim protection granted by order dated 03.02.2025 stands confirmed, on conditions: attendance at the police station as and when required by the Investigating Officer; no tampering with prosecution evidence and no influencing of the informant, witnesses or other persons concerned; co-operation with the investigation and with proceedings before the trial Court; any violation renders the protection liable to cancellation.

Ratio / Principle

Prima facie, the main allegations are against the husband of the deceased; at this stage it is difficult to believe that while the deceased was beaten by her husband during a video call, the mother-in-law was holding her and this was visible to the informant; the allegation may be exaggerated.

Key takeaways

In earlier communications from the deceased to her brother and maternal uncle she stated nothing about ill-treatment at the hands of the applicant (mother-in-law); the allegations of ill-treatment were against the husband, including demands of money and beating while she was pregnant, seen by the informant during a video call.ratio¶17
The observations in this order are limited to the disposal of the present anticipatory bail application; the trial Court shall proceed further in the matter without being influenced by them.obiter¶28

Detailed headnote1 paragraphs

Anticipatory bail — confirmation of interim protection. High Court of Judicature at Bombay, Aurangabad Bench; Anticipatory Bail Application No. 83 of 2025; Arun R. Pedneker, J.; decided 10.02.2025 (neutral citation 2025:BHC-AUG:3700). Applicant Najiya w/o Nazir Shaikh, mother-in-law of the deceased, apprehended arrest in Crime No.1139/2024 (MIDC Waluj Police Station, District Aurangabad) under Sections 80, 85 r/w 3(5) of the B.N.S. Her daughter-in-law died an unnatural death within six months of marriage; the applicant and her accused son were alleged to have ill-treated the deceased for fulfilment of monetary demands. Granting interim protection on 03.02.2025, the court had observed that in earlier communications to her brother and maternal uncle the deceased said nothing of ill-treatment by the applicant; the allegations of demands of money and of beating (while she was pregnant, witnessed by the informant on a video call) were against the husband; and the claim that the mother-in-law held the deceased during the assault 'may be exaggerated'. As the applicant had attended the police station and co-operated with the investigation, and the learned APP raised no grievance, the interim protection stood confirmed on conditions (attendance as required by the Investigating Officer; no tampering with evidence and no influence on informant/witnesses; co-operation with investigation and trial), breach rendering it liable to cancellation; observations confined to this application, the trial Court to proceed uninfluenced by them.