1 13. ABA 781 of 2026 1.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.781 OF 2026 RAFIQUA PARVEEN QAMARUZZAMAN AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH PSO, PS BARSHITAKLI, DIST. AKOLA AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Parth Joshi, Advocate for Applicants. Ms. S.S. Dhote, APP for Non-Applicant No.1-State. Ms. V.R. Mankar, Advocate (Appointed) for Non-Applicant No.2. CORAM : M.M. NERLIKAR, J. DATED : 30th SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned Counsel appearing for non-applicant No.2/informant as well as learned APP for the State. 2. Apprehending arrest, the applicants have approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, in connection with Crime No.552 of 2026, registered with Police Station Barshitakli, Dist. Akola, for the offences punishable under Sections 64, 64(2)(m), 64(2)(f), 123, 85, 115(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2026:BHC-NAG:13031 2 13. ABA 781 of 2026 1.odt 3. The brief facts of the case are that applicant No.1 is the mother-in-law and applicant No.2 is the sister-in-law of the victim. It is alleged in the FIR that brothers-in-law of the victim used to harass her and also committed sexual intercourse on several occasions with her. When this fact was disclosed to the applicants, they paid no heed and on the contrary supported the accused persons. In the month of November, 2025, when the victim was pregnant, at that time, applicant No.2 mixed tablets in her food, as a result of which, the vicitm suffered a miscarriage and thereafter, whenever she would became pregnant, the applicants and other co-accused would cause miscarriage. Therefore, the FIR is lodged. 4. Learned Counsel for the applicants submits that the allegations in the first information report would show that the entire story is concocted one. There are wild allegations against the applicants. He submits that in the month of November 2025, the victim was shown to be pregnant, however, on perusal of sonography test report of the victim dated 08.11.2025, it appears that the victim was not pregnant. He, therefore, submits that the entire story appears to be scripted and cannot be believed. 5. This Court vide order dated 02.09.2026, has granted interim protection to the applicants. On perusal of the record, it 3 13. ABA 781 of 2026 1.odt appears that the applicants are mother-in-law and sister-in-law of the victim. However, so far as the allegations of rape are concerned, it appears that it is made against other co-accused. It is to be noted that only allegation against the applicants is that in spite of disclosing the conduct of the co-accused to the applicants, they have not done anything to stop the accused persons. 6. Considering the nature of allegations, I am of the considered view that a case is made out for grant of anticipatory bail and hence, following order is passed. ORDER i) The Criminal Application is allowed and disposed of. ii) The interim order dated 02.09.2026, is hereby confirmed on the same terms and conditions as incorporated in the said order. iii) Pending applications, if any, stand disposed of. 7. 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. 4 13. ABA 781 of 2026 1.odt 8. Fees of the appointed Counsel be quantified as per Rules by the High Court Legal Services Sub Committee, Nagpur. (M.M. NERLIKAR, J.) asd