Bombay HC grants anticipatory bail to Husband accused of cruelty, dowry demands from his wife
The Bombay High Court granted bail to Husband accused of cruelty and dowry demands from his wife.
Background
The FIR was lodged by the Applicant’s wife. She has stated that she got married with the Applicant. At the time of marriage, the Applicant’s family wanted gold coins each for their family members. But the informant and her family refused to give them. After the marriage the in-laws used to talk about their demand and used to cause harassment to the informant. It is mentioned that her sister-in-law and the father-in-law used to instigate the Applicant and thereafter the Applicant used to insult and humiliate the informant. He used to abuse her. The couple has a son, who is 3 years of age as of today. In November 2019, the Applicant and the informant started residing in Vashi, Navi Mumbai. It is her case that the informant had given around Rs.13,50,000/- for purchasing a flat. The Applicant was demanding more money for purchasing that flat. There used to be fights between them. The FIR mentions a few instances on which they had fought with each other. There are allegations that the Applicant had inflicted some wounds on himself to show that the informant had assaulted him.
Arguments
Advocate Resham I. Sahni, appearing for the applicant, contended the Applicant has spent Rs.90,00,000/- by raising a loan for purchase of the flat. The informant’s case therefore in that behalf is false. She has only spent on interior decoration. After the marriage the Applicant had taken the informant to Mauritius and had gifted her an expensive cell phone.
A.A. Takalkar, APP, appearing for the State/Respondent, opposed the application on the basis of averments made in the FIR and in particular relying on the allegations that the Stridhan and ornaments are retained by the Applicant.
Decision
The single judge bench of Justice Sarang V. Kotwal noted that there were constant quarrels between them. There are complaints filed by the Applicant and the informant against each other. The FIR is lodged by the informant against the Applicant.
The court ordered that in the event of arrest of the applicant in connection with case registered with Rabale Police Station, Navi Mumbai, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
Case title: Shivek Ramesh Dhar v/s State of Maharashtra
Citation: ANTICIPATORY BAIL APPLICATION NO.80 OF 2022
