Husband facing serious cruelty charges doesn’t deserve anticipatory bail: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, October 5

The Punjab and Haryana High Court has ruled that a husband facing serious allegations of subjecting his wife to both mental and physical cruelty does not deserve the extraordinary concession of anticipatory bail.

The assertion by Justice Manjari Nehru Kaul of the High Court came on a petition seeking the grant of anticipatory bail to the husband in an FIR registered on May 12 for subjecting a married woman to cruelty and another offence under Sections 324 and 498-A of the IPC at the Dera Bassi police station in Mohali district.

Justice Kaul, during the course of the hearing, was told by the husband’s counsel that the FIR was lodged on account of temperamental differences and matrimonial dispute between the petitioner and his wife. The injuries sustained by the wife were on account of an attempt to suicide and not because of alleged merciless beatings given by the petitioner for getting inadequate dowry.

Responding to the averments, the state counsel submitted that there were specific allegations levelled against the petitioner of subjecting his wife to both physical and mental harassment and demanding a “big” car as he had been given only a “small car” in dowry at the time of their marriage.

Opposing the bail prayer, the state counsel further submitted that it was a matter of record that a complaint had been given to the women’s cell against the petitioner a month prior to the registration of the FIR, but a compromise was reached between the parties. It, however, proved to be shortlived as soon after the petitioner subjected his wife to merciless beatings following which she had to be hospitalised at the Government Medical College and Hospital in Sector 32, Chandigarh, from May 9 to May 18.

The state counsel also submitted that the complainant — mother of the petitioner’s wife — shifted her to the hospital after she saw her daughter lying in an unconscious condition in her matrimonial home. He submitted that the injuries were sustained by the petitioner’s wife all over, including arms, feet and below the neck. It did not even obliquely suggest a case of attempted suicide.

What the judge said

“I have heard counsel for the parties and perused the material on record. Prima facie, there are serious allegations against the petitioner of subjecting his wife to both mental and physical cruelty, for which he does not deserve the extraordinary concession of anticipatory bail,” Justice Manjari Nehru Kaul asserted while dismissing the bail plea.