New Delhi, March 27 (IANS) The Supreme Court has set aside a bail order granted by the Patna High Court to a man accused in a dowry death case, terming the relief as “wholly unsustainable” and flagging a “mechanical approach” adopted in such serious offences.

A Bench of Justices J.B. Pardiwala and Vijay Bishnoi allowed the appeal filed by the mother of the deceased and directed that the husband of the deceased woman surrender before the jail authorities within one week, failing which the trial court has been asked to issue a non-bailable warrant.

The dowry death case stems from an FIR registered on September 1, 2024, at Gopalpur Police Station in Bihar under Sections 103(1) and 80 of the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution, the deceased, who had been married for about one-and-a-half years, was found dead at her matrimonial home under suspicious circumstances, with multiple external and internal injuries across her body.

The FIR, lodged by the victim’s mother, Lal Muni Devi, alleged that substantial dowry, including Rs 20 lakh in cash and gold and silver worth around Rs 6 lakh, had already been given at the time of marriage. However, the accused and his family allegedly continued to demand a motorcycle, a vehicle, and other items, and subjected the deceased to harassment. It was further alleged that the accused had developed a relationship with another woman within six months of the marriage, leading to disputes and further harassment of the woman.

The post-mortem report revealed grievous injuries, including a skull fracture with lacerated brain matter, ruptured sternum and heart, pelvic fracture, and multiple abrasions. The cause of death was stated to be “haemorrhage and shock due to head injury”.

Taking note of these findings, the apex court said the Patna High Court failed to properly evaluate crucial material on record while granting bail. “The impugned order passed by the High Court releasing the accused on bail is wholly unsustainable. In a very serious crime like dowry death, the High Court should have been very careful in exercising its discretion,” the Justice Pardiwala-led Bench observed.

It added that the Patna High Court, while granting bail, had primarily relied on the period of custody and the slow progress of the trial, without discussing the gravity of the allegations or the medical evidence. “The High Court in its impugned order has not discussed anything. All that weighed with the High Court was that the accused was in judicial custody and only two witnesses had been examined,” the order said.

The apex court further observed that the Patna High Court had “lost sight of many important aspects”, including the post-mortem findings indicating multiple serious injuries and the statutory presumption under the Bharatiya Sakshya Adhiniyam, 2023.

Expressing concern over the trend of granting bail in such cases, the Supreme Court reiterated that dowry deaths remain a grave social concern requiring heightened judicial scrutiny. “It is unfortunate that in today’s society, dowry deaths remain a grave social concern, and… courts are duty-bound to undertake deeper scrutiny,” the Justice Pardiwala-led Bench said, adding that a “superficial application of bail parameters… risks weakening public faith in the judiciary’s resolve to combat the menace of dowry deaths.”

Rejecting the defence argument that the case could be one of suicide, the apex court clarified that even suicidal deaths linked to dowry harassment are punishable under the law.

While setting aside the Patna High Court’s order, the Supreme Court clarified that it was not expressing any opinion on the merits of the case and that the trial court would decide the matter based on evidence.

It directed the trial court to complete the trial expeditiously, preferably within six months.

The top court also ordered that a copy of its judgment be forwarded to the Registrar General of the Patna High Court for placing it before the Chief Justice for appropriate consideration.

–IANS

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