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Bail granted in dowry case as constant quarrels between husband and wife: Bombay High Court

In a decision granting bail to the husband who was accused under the provisions of the Dowry Prohibition Act and Penal Code, 1860, the fact that the husband and wife cannot live together and there were constant quarrels between them was noted by the Bombay High Court through Justice Sarang V. Kotwal in the case of Shivek Ramesh Dhar v. State of Maharashtra (ANTICIPATORY BAIL APPLICATION NO.80 OF 2022 )

FACTS OF THE CASE:

The applicant’s wife filed a FIR, claiming that the applicant’s family demanded gold coins for each of their family members, but the informant and her family refused to provide them. Following the marriage, the in-laws used to discuss their expectations and torment the informant. Her sister-in-law and father-in-law used to provoke the applicant, and the applicant then insulted and humiliated the informant.

There are claims that the Applicant put some scars on himself to demonstrate that the informant had assaulted him. As a result of the above, the informant fled and began living with her sister. Later, the applicant sought to see his child and falsely accused the police.

JUDGEMENT:

The Court stated that the FIR demonstrates how the petitioner and the informant simply cannot coexist. They were always at odds with one another.

The Applicant and the Informant have both filed complaints against one other. As a result, the Bench determined that the applicant’s custody would not resolve the matter since there are claims and counter-allegations that can only be resolved during the trial. Thus, the Applicant was to be freed on bail if he provided a Rs 30,000  bond with one or two sureties in the same amount.

JUDGEMENT REVIEWED BY REETI SHETTY

Click here to view judgement

 

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