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915 ABA-1394.2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

915 ANTICIPATORY BAIL APPLICATION NO.1394 OF 2021

WITH APPLN/2856/2021 IN ABA/1394/2021

1.

Shajiya Shahebar d/o Sk.Musa

2.

Mohd. Adnan Sk.Musa

3.

Syd. Moin Syd. Mumtajali

4.

Syd. Shoaib Syd. Javed

5.

Sk. Musa Kwajamiya

Applicants

Versus

The State of Maharashtra

Respondent

...

Mr. Joydeep Chatterji, Advocate for the applicants.

Mr. A.V. Deshmukh, A.P.P. for respondent - State.

Mr. S.S. Shaikh, Advocate assisting the PP.

...

CORAM :

PRAKASH D. NAIK, J.

DATE :

07-12-2021

ORDER :

1.

This is an application for pre-arrest bail in Crime

No.432/2021 registered with Nanalpeth Police Station, District

Parbhani for the offences punishable under Sections 420, 495, 384,

507 read with Section 34 of the Indian Penal Code (for short

“I.P.C.”).

2.

The First Information Report (for short “F.I.R.”) was

registered on 22^nd August 2021 by the husband of applicant No.1. It

is alleged that the complainant had performed first marriage in 2005.

There are four children out of said wedlock. The first wife is ailing

since 2017. Due to illness, there was no physical relationship

between them. The first wife an other relatives, advised him to

perform second marriage. He approached Marriage Bureau and

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915 ABA-1394.2021.odt

gave his Bio-data. On 25.02.2021 complainant performed second

marriage with applicant No.1. Since applicant No.1 was vomiting,

she was taken to doctor for treatment. It was revealed that she was

pregnant before her marriage with complainant. Thereafter the

applicant No.1 created trouble in family. She demanded share in

property, residence. On enquiry it was found that applicant No.1 had

performed two marriages in the past. Out of previous marriage she

has one son. The complainant approached second husband of

applicant No.1. Both approached Mufti Vazirabad. He was informed

that there was no Khulanama between Asif and applicant No.1.

Thereafter applicant No.1 demanded money and flat. She

threatened that complainant and others would be falsely implicated

in the case. The complainant learnt that applicant No.1 had lodged

complaint alleging pronouncement of Triple Talaq.

3.

Learned Counsel for the applicants submitted that F.I.R.

has been lodged with a view to cause harassment to the applicants.

The offence under Section 495 of I.P.C. is bailable. Sections 420

and 385 of I.P.C. are not attracted in this case. There is no

suppression of fact. Offence under Section 495 of I.P.C. is not made

out. On account of harassment, applicant No.1 had lodged

complaint on 8^th June 2021 with Digras Police Station, Taluka Digras,

District Yavatmal. However, F.I.R. was not registered. Police called

first informant and tried for amicable settlement. Anticipating

registration of F.I.R., the applicant lodged F.I.R. against applicable.

After much persuasion, F.I.R. was registered vide Crime No.

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915 ABA-1394.2021.odt

1047/2021 on 31.08.2021 under Sections 498-A, 323, 504, 506 read

with Section 34 of I.P.C. The applicant No.1 was married to

Shahabaz Khan. This was conveyed to complainant and middle

woman as well as by sharign bio-data of applicant No.1 on

09.09.2020. It was conveyed through Whats-App. The first husband

gave Talaq to applicant No.1 on 11.05.2016 before marriage of

applicant No.1 and informant on 25.02.2021. The applicant No.1

filed legal proceedings against second husband and sent legal

notice dated 17.12.2020. Copy of notice was sent through Whats-

App to complainant. Applicant No. 1 gave divorce (Khula) to second

husband on 15.02.2021. Photographs of Khulanama and

Talaqnama were sent by Whats-App to complainant, well before the

marriage with applicant No.1. Section 384 of I.P.C. is not attracted.

Applicant Nos.2 to 5 have no concern with offences. Applicant No.2

is son o