1 10 ABA 763.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 763/2026 (Vitthal S/o. Mahadeo Wadode & Sangita w/o Vitthal Wadode. Vs. State of Maharashtra & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. B. Kalwaghe, Advocate applicants. Ms. S. S. Dhote, APP for non-applicants. CORAM: M. M. NERLIKAR, J . DATED : 21/09/2026. Heard. 2. By this application, the applicants are seeking anticipatory bail in connection with Crime No.266/2026 registered with Police Station Khamgaon (Rural), Tq. Khamgaon, Dist. Buldhana for the offences punishable under Sections 108, 3(5), 80, 85 of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are that the deceased Vaishnavi, daughter of informant Dipak Bohrupi was married with son of Applicants on 07/05/2023. Thereafter, the couple was blessed with a son named Shreyas aged about 1 & ½ years old. The daughter of the informant was residing along with her in-laws and her husband. She was treated nicely for a period of one year. 2 10 ABA 763.26 Thereafter her husband and in-laws subjected her to verbal abuse, causing her mental distress, as she was unable to perform agricultural work in their field. On 02/10/2025, all the accused persons including present applicants abused the deceased on the ground that she was not performing agricultural work and her father had not given sufficient dowry. They further demand that she should bring amount of Rs.10,00,000/- to pay installment of JCB from her father. Thereafter, her husband and mother-in-law slapped her and assaulted her with fist blows. The deceased Vaishnavi informed the incident to the informant. Then, he went at her matrimonial home and informed all the accused persons that he cannot meet their demand owing to his poor financial condition. The accused persons said that the deceased would be permitted to stay at her matrimonial house only if the informant pays Rs.10,00,000/-. Therefore, the informant took Vaishnavi and her son to his home where they stayed for a period of 1 & 1/2 months. In the month of December 2025, husband of the deceased Vaishnavi took her back to her matrimonial home and promised that he would not ill-treat her. However, the accused persons pressed their demand 3 10 ABA 763.26 of money again in the month of January. Therefore, the informant borrowed the amount of Rs.5,00,000/- from his brother-in-law and paid it to the accused persons. In April 2026 Vashnavi has informed the informant that the accused persons were beating and abusing her since she was not working in the field. Thereafter, the informant mentioned that he has paid the installment and they should stop abusing his daughter. The informant again took Vaishnavi and her son at his house. The husband of Vaishnavi came at the house of the informant and told him that they would reside separately and took Vaishnavi with him for cohabitation. However, they did not reside separately from other accused persons. On 28/07/2026 Vaishnavi died at her matrimonial house. Thereafter, informant went to the Government Hospital at Khamgaon and saw his daughter has died by strangulation. Whereas no one from her in-laws were present. The informant doubting that her daughter either committed suicide or was killed by the accused persons since he was not able to satisfy their demand of Rs. Rs.5,00,000/-, the first information report was registered. 4 10 ABA 763.26 4. The learned counsel for the applicants submits that by an order dated 27/08/2026, this Court granted interim protection to the applicants. Pursuant to the said protection, they have attended the concerned police station. He further submits that the allegations in the first information report are vague in nature and therefore, it does not constitute an offence under section 108 of the BNS and accordingly, the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam (“BSA”) is not attracted. The marriage between the couple took place on 07/05/2023, whereas deceased i.e. daughter-in-law of the present applicants has committed suicide on 28/07/2026. Though allegations of dowry have been alleged in the first information report, there is absolutely no material to connect the alleged demand with the commission of the offence. There was no complaint made at an earlier point of time. Therefore, he submits that, considering the fact that the allegations are vague in nature, the applicants deserve to be granted anticipatory bail. 5. On the other hand, the learned APP submits that the marriage took place on 07/05/2023, whereas the deceased has died on 28/07/2026, therefore presumption 5 10 ABA 763.26 under section 118 of the BSA would be applicable. She further submits that, there are specific instances stated in the first information report from which it can be gathered that due to consistent harassment and the demand of dowry, deceased was strangulated. Considering the seriousness of the allegations, the applicants do not deserve to be granted bail. 6. I have considered the rival submissions. I have also perused the first information report. It could be gathered that deceased who is the daughter-in-law of the present applicants has died on 28/07/2026. It further appears that the allegations against the applicants and co- accused persons are of harassing the deceased, for the purpose of payment of the installments of JCB. It further appears that Rs.5,00,000/- has been paid to the applicants and other accused persons. It further appears that the applicants have subjected the deceased to physical abuse. On 28/07/2026 due to the said harassment, the deceased has committed suicide by hanging herself at the matrimonial house. Admittedly, it appears that there is no suicide note. Apart from that, upon perusal of the first information report, it appears that though the allegations 6 10 ABA 763.26 are of dowry demand and harassment, appears in FIR, however it would be matter of trial. So far as the allegations in the FIR are concerned, it appears that those are made against all the family members collectively. The applicants are father-in-law and mother-in-law of the deceased. Under such circumstances, in my opinion, the ingredients which are required to attract Section 108 of the BNS requires high degree of abatement. Considering the nature of allegations, the order dated 27/08/2026 passed by this Court granting ad-interim relief is required to be confirmed, hence the following order:- ORDER (I) Application is allowed and disposed of. (II) The order dated 27/08/2026 is hereby confirmed on the same terms and conditions as incorporated in the said order. 7. Pending application (s), if any, stand disposed of accordingly. 8. The observations of this Court are prima facie in nature and are only limited to this application. The Trial Court shall not be influenced by the aforesaid observations. ( M. M. NERLIKAR , J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 22/09/2026 18:36:25