Thane Sessions Court Rejects Anticipatory Bail Of 2 Brothers Accused Of Assaulting Woman Over Demand For Son

Mumbai, July 6: The Thane Sessions Court has rejected the anticipatory bail applications of a Mira Road-based man and his brother, who are accused of allegedly brutally assaulting the man's wife and subjecting her to prolonged cruelty because she gave birth to four daughters instead of a son.

Court Cites Prima Facie Evidence

Additional Sessions Judge B.D. Shelke, while rejecting the plea on July 4, observed that the prosecution had placed sufficient prima facie material on record to establish the involvement of both accused in the alleged offences.

The court noted that the victim's injuries, visible in photographs submitted during the proceedings, were corroborated by the FIR as well as medical records issued by Bhaktivedant Hospital and Research Institute.

“The informant victim has sustained multiple injuries including fracture injuries. The photographs of the victim… show marks of multiple injuries on her person. These injuries have been corroborated by the contents of the FIR and the medical reports. Thus, there is sufficient material on record in respect of complicity of both accused in these serious offences,” the court observed.

The accused, Parvez Ahmed Siraj Pasha and his brother Tausheef Ahmed Pasha, had sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), apprehending arrest in connection with a crime registered at Nayanagar Police Station.

They have been booked under Sections 85, 118(1), 118(2), 79, 351(2), 352, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), including an offence punishable with imprisonment extending up to life.

Allegations Of Cruelty

According to the prosecution, the victim married the first accused in 2014 and the couple has four daughters. It has alleged that after the birth of their second daughter, the woman was repeatedly subjected to cruelty, harassment, humiliation, and physical assault by her husband and his family members for not giving birth to a male child.

The prosecution further alleged that on May 12, 2026, the husband became violent and assaulted the woman with a belt and stick, leaving her with serious injuries, including fractures.

The assault was allegedly witnessed by one of the couple's minor daughters, who alerted the victim's maternal family, following which they intervened and shifted her to Bhaktivedant Hospital for treatment.

The defence argued that the FIR was a fabricated outcome of a matrimonial dispute and pointed to a delay in lodging the complaint.

It also claimed that WhatsApp conversations and other documents contradicted the allegations and contended that the victim's family had falsely implicated the accused after monetary demands were not met.

Bail Plea Rejected

However, the court found that the medical evidence, injury certificates, investigation papers, and photographs supported the allegations at the present stage of the investigation.

The court also observed that, given the relationship between the accused and the complainant, there was a possibility of the accused threatening the victim or prosecution witnesses, tampering with evidence, or interfering with the ongoing investigation.

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“Considering the relationship between the informant and the accused, the possibility of threatening the informant and prosecution witnesses, tampering with evidence, and causing interference in the investigation cannot be ruled out. The investigation is at a primary stage,” the court held.

Holding that no case for anticipatory bail had been made out, the Sessions Court rejected the application.

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