Shivani Gadhavi
Published On: December 14, 2021 at 17:00 IST
The Delhi High Court opined that just the recovery of stridhan could not be the only ground to Arrest someone under offences of certain sections of the Indian Penal Code vis-a-vis Section 498A (Demand for dowry) and Section 405 (Criminal Breach of Trust).
Justice Subramonium Prasad of the Delhi High Court stated, “Custodial interrogation of the Petitioner is being sought only for recovery of stridhan. The recovery of stridhan alone cannot be a reason to deny Anticipatory Bail to the Petitioner. The police are vested with sufficient powers under the Cr.P.C to conduct searches of premises.”
The Case is pertaining to a First Information Report (FIR) filed by the wife of the Petitioner in this case, who along with his mother and sisters allegedly beat, insulted, pressurized, harassed, tortured and threatened her for more dowry in order to lead a peaceful life. The wife of the Petitioner also Accused him of giving her stridhan to his mother.
In 2018, a complaint was filed by the Petitioner himself against his wife and her family members, who Alleged that his wife and her father abused and threatened him because she was unhappy in the marriage with him.
The High Court stated, “The Petitioner is Accused of offence under Sections 498-A, 406 IPC. The perusal of the status report shows that the custodial interrogation of the Petitioner is being sought only for recovery of stridhan. The recovery of stridhan alone cannot be a reason to deny Anticipatory Bail to the Petitioner.”
In vide of the circumstances, a Pre-Order Bail Plea was allowed for the Petitioner in the Case.
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