Sameer 10 June 2017

Husband and in laws fear arrest under section 306/34

A wife has committed suicide at her matrimonial house by pouring kerosene over her. Her husband was getting ready for the office in the room. Her father in law and brother in law (devar) were upstairs in their rooms. On knowing they tried to put out the flame but the body was severely burnt up to 80%. She was immediately rushed to the hospital. She could not survive more than 3 days and also could not give any dying declaration. Now the fourth day, her parents lodged complaint against all the three people + (husband's sister &her husband), who co -incidently live in the same town. The husband is under arrest. Rest four are trying for anticipatory bail. Sessions court rejected it. Going to high court. Will the high court entertain the bail plea? What could be the consequences of the case? P.S. :- The lady was not at all harassed at her in laws home. In fact, she was always free to do whatever she want. She even worked as an LIC agent with the husband. Her parents blame all 5 to have put her daughter on fire intentionally. All the people near the matrimonial house support the husband's family.

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7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 June 2017

Sir,

At this stage focus on Anticipatory bail, so far as the trail is concerned I am sure you will have a good case ...

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Dr J C Vashista (Advocate) 11 June 2017

Grant or rejection of an application for anticipatory bail is discretionary, nothing can be predicted.

However, you must apply and try through your lawyer.

Sameer 11 June 2017

Thanks for the prompt response. We'll try in the hc for sure. I just wanted to get an idea as to what happens in such similar cases. The five petitioners comprise of a lady also who has a school going children. She also lives separately. Does court consider this while giving her bail?

R Trivedi (advocate.dma@gmail.com) 11 June 2017

How old was the marriage? Any clue why she took the extreme step? A person has died and it must have a cause, if the cause is beyond in-laws then court will see through and clear them, even for bail, in-laws case must be quite believable that they are not overtly responsible for this.

R Trivedi (advocate.dma@gmail.com) 11 June 2017

Sameer 11 June 2017

The marriage was about 8 years. They have a son aged 6 and a half. No one actually knows the reason. Husband and wife must have had some quarrel. But the allegation which they have put is that everyone used to torture her, even physically, which is not true. She was a working woman and had all freedom. She even use to go to her parents home every 2-3 days. No one could have tortured her.