SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Nazima Khan Haji Ishaque Khan vs State Of Mah., Thr. Pso Ps, … on 13 November, 2019

1 aba706.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 706 OF 2019
Nazima Khan Haji Ishaque Khan .Vs. State of Maharashtra, PSO, P.S.
Buldhana (City), Dist. Buldhana.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. P.W. Mirza, Advocate for applicant.
Mr. S.M. Ghodeswar, A.P.P. for non applicant-State.

CORAM : V. M. DESHPANDE, J.
DATED : NOVEMBER 13, 2019

Heard Mr. Mirza, learned counsel for the
applicant and Mr. Ghodeswar, learned Additional Public
Prosecutor for the non applicant-State. Also perused the
investigation papers.
The applicant is apprehending her arrest in
connection with Crime No. 519/2019 registered with Police
Station, Buldhana (City), Dist. Buldhana for an offence
punishable under Sections 498A, 376B, 323, 504, 506 read
with Section 34 of the Indian Penal Code.
The crime is registered on the basis of report
lodged by Arshiya Parvin Akbar Khan. The present applicant
Nazima Khan is the mother-in-law of the first informant. As
per the report, on 02.11.2016 first informant married with
Akbar Khan as per Muslim rituals and started residing at her
matrimonial house at Mirza Nagar, Buldhana. The report
shows that initially for some period she was treated nicely
however then her husband and present applicant started
demanding Rs.2,00,000/- from her. When said was

::: Uploaded on – 13/11/2019 14/11/2019 04:03:09 :::
2 aba706.19.odt

objected, according to the report, they started physical and
mental harassment to her. She was assaulted by her
husband on the say of the present applicant. It is also stated
in the report that after a period of three months of marriage
she was driven out from her matrimonial house and since
1½ years she is residing with her parents and thereafter she
lodged petition against the applicant as well as her husband
in the competent Court. The report shows that after lodging
the petition, her husband Akbar started talking nicely with
her. The report shows that in the month of January-2019
her husband Akbar made a phone call to complainant and
disclosed that present applicant gone to Mumbai and
therefore, he wish to meet the complainant. The report
shows that on 21.01.2019 at about 05:00 O’clock in the
evening the complainant was taken by Akbar in her
matrimonial house and has performed sexual intercourse
with her against her wish.
In view of the aforesaid nature of the accusation
as appearing the in the prosecution case, the lodging of first
information report after a period of eight months has its own
impact on the prosecution case at least while considering
this application for anticipatory bail. Resultantly, I pass
following order:
ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime
No. 519/2019 registered with Police Station, Buldhana
(City), Dist. Buldhana for an offence punishable under
Sections 498A, Section376B, Section323, Section504, Section506 read with Section 34 of

::: Uploaded on – 13/11/2019 14/11/2019 04:03:09 :::
3 aba706.19.odtSection

the Indian Penal Code, applicant – Nazima Khan Haji Ishaque
Khan, be released on bail on she executing P.R. Bond in the
sum of Rs.10,000/- with one solvent surety in the like
amount.

The application is disposed of.

JUDGE
srwagh

::: Uploaded on – 13/11/2019 14/11/2019 04:03:09 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation