New Delhi: The Supreme Court has refused to grant bail to the person accused of beating the wife. The court said on Monday that if the woman was beaten up at the in-laws’ house, then the husband would be primarily responsible for her injuries, even if she was beaten up by her relatives. This was her third marriage and the woman’s second for the person whose plea was being heard by the court.
After a year of marriage, they had a child in 2018. In June last year, the woman lodged a complaint with the husband and in-laws in the Ludhiana police. The woman alleged that her husband, father-in-law and mother-in-law were beaten up severely for not meeting the increasing dowry demands.
What kind of men are you? CJI asked
When husband’s lawyer Kushagra Mahajan repeatedly insisted on anticipatory bail, the bench headed by SA Bobde, the head judge, said, “What kind of man are you? His (wife) is alleged that you were strangling him to death.” “They say you forcibly miscarried. What kind of men are you who beat your wife with a cricket bat?”
When Mahajan said that his client’s father had beaten the woman with the bat, the CJI-led bench said, “It doesn’t matter whether it was you (husband) or your father who allegedly beat him with the bat.” . When the woman is tortured in the in-laws, the main responsibility is that of the husband. ” The court dismissed the person’s plea.
These decisions of the court have erased huge gaps
‘Husband and in-laws beat together’
The Punjab and Haryana High Court also did not grant anticipatory bail to the husband. The woman’s complaint was lodged in the HC which states, “Around 9 pm on 12 June 2020, the petitioner (husband) and her father beat up the complainant (wife) badly with a cricket bat. This included the mother of the petitioner. After the beating, the petitioner tried to strangle the complainant and his father put a pillow in the face of the complainant with the intention of killing him. The complainant was thrown on the road. On receiving the information, the complainant’s father and brother reached there. And got her medico legal along with her treatment. ” The woman alleged that she had been miscarried twice before as a result of beating her in-laws.
After looking at the medical report, HC said, “The complainant’s Medico Legal report states that he has suffered ten injuries, five of which are on the face / head, one on the vagina and several red scratches near the neck. According to the Medical Expert , Eight out of 10 injuries were inflicted with a sharp weapon. ” The High Court had dismissed the pre-arrest bail plea stating that on the basis of prima facie medical report, the complainant’s accusation that he tried to kill her was reinforced.
