MERE RECOVERY OF STRIDHAN CANNOT BE A GROUND FOR DENYING BAIL - DELHI HC

The Delhi High Court observed that recovery of stridhan alone cannot be the sole ground to arrest a person for offenses such as dowry demand and criminal breach of trust of the IPC or to deny him anticipatory bail. 

The Court was hearing an anticipatory bail plea filed by a man who his wife had accused of forcibly taking his wife's stridhan, passport, and clothes. As per the complaint, the husband, his mother, and his sisters insulted, beat, harassed, and tortured the wife for dowry and threatened to arrange an amount of ₹50 lakh for a peaceful life. 

The respondent alleged that her husband illegally procured her SIM card and uploaded her pictures on social media websites. He had also sent abusive and insulting messages from her accounts to her friends with malafide intentions.

On the other hand, in 2018, the petitioner filed a complaint against his wife and her family for abusing and threatening him on account of her father's position as an officer in the Delhi Police. He also alleged that the wife left the matrimonial house without giving any valid reason and resided with her parents.

The Court observed that there is nothing to support the argument that the petitioner and his family were in a situation to threaten the witnesses. The court allowed the petition and granted anticipatory bail to the petitioner.

Author: Papiha Ghoshal