AWAITING FULL TEXT OF ORDER
Bail for man in dowry death case
New Delhi, Aug 6 (PTI) The Delhi High court today granted anticipatory bail to a man who is apprehending arrest in a dowry death case registered against him following the death of his sister-in-law in June this year. The court said the Delhi Police should carry out a thorough probe before registering an FIR against the family members of a husband in a dowry harassment/death case lodged by the wife.
While granting anticiaptory bail to Jaipal in a case lodged by the father of his sister-in-law, who committed suicide in June, Justice Shiv Narayan Dhingra said that before registering an FIR, police must investigate in detail the allegations levelled against a person. Justice Dhingra said it has been noticed that innocent family members of the husband also sometimes suffered following a complaint of dowry harassment/death and granted anticipatory bail to one Jaipal, a resident of Patel Nagar.
The police should not harass the family members and investigate thoroughly before arresting the accused persons in any dowry case, the court added. While submitting his bail plea before the court, Jaipal contended that he did not demand anything either from the deceased or from any other member of her family. "There is absolutely no allegation in the entire prosecution story that the petitioner was involved in committing any act which can be covered under the four corners of the sections 498-A/304-B IPC", submitted Jaipal's counsel Amit Sahani.
As per the prosecution, on June 26 a complaint was lodged by Ramesh Chand alleging that besides his son-in-law Mahadev, the brother-in-law and sister-in-law of his daughter Geeta used to physically harass her which drove her to comit suicide. In his complaint, Ramesh Chand had mentioned that during marriage, the father-in-law demanded a car which they could not give. After two months of the marriage, her husband Mahadev started beating her. Jaipal also used to harass his daughter to bring more dowry and finally on June 26, she committed suicide, he alleged.
Delhi Police rapped for filing dowry cases without proper probe
Posted On: 06-Aug-2010 08:50:45 PM Source: IANS
A day after the Supreme Court held that a person cannot be convicted for merely demanding dowry, the Delhi High Court Friday pulled up the Delhi Police for registering a case of dowry against a person without carrying out a proper probe.
While granting bail to a person arrested under the dowry act, Justice S.N. Dhingra observed that before registering an FIR, the police must investigate the allegations levelled against a person in a detailed manner.
As per the prosecution, the complainant in the case, Ramesh Chand had alleged his daughter Geeta's brother-in-law, Jaipal and sister-in-law used to physically harass her. Geeta had married Mahadev Feb 16.
In his complaint, Ramesh Chand mentioned that during marriage, his daughter's father-in-law demanded a car which they could not give. After two months of the marriage, Mahadev started beating her. Also according to prosecution, Geeta's brother-in-law also harassed her, asking her to bring more dowry. Geeta committed suicide June 26.
While submitting his bail plea before the court, Jaipal contended that he did not demand anything either from Geeta or from any other member of her family.
'He was not involved in any act pertaining to the cruelty for any demand of dowry. There is absolutely no allegation in the entire prosecution story that the petitioner was involved in committing any act which can be covered under the four corners of the sections 498-A (Husband or relative of husband of a woman subjecting her to cruelty) and 304-B (dowry death) of IPC (Indian Penal Code),' submitted Amit Sahney, his counsel.
He also said that the police registered a case against him only on the allegations of Ramesh Chand. 'Police could not find anything incriminating against him. The entire story of the prosecution is based on surmises and conjectures and there is absolutely nothing on record against him,' he submitted.