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The Delhi High Court has said extra marital affair of a husband cannot be a ground to implicate him in a case of dowry death of the wife.
Justice Vikas Mahajan granted bail to the petitioner in a case related to death of his wife by suicide, also noting the charge sheet has been filed in the case, the trial would take time and no useful purpose would be keeping the man in custody.
In the case, the bench also said, prima facie it appeared that the deceased was under treatment for anxiety and depression and the demand of dowry was not stated to be a trigger for the said medical issues, as per her statement with the treating doctor.
It also noted the girl's father did not allege dowry demand was made by the petitioner a day before the incident on August 7, 2022. The girl had left her matrimonial home on April 19, 2021 months after the marriage on November 30, 2020, alleging dowry harassment, extra marital affair and involvement of husband into betting.
"For invoking the offence under Section 304B IPC, not only the harassment or cruelty should be soon before death but it should be related to demand of dowry. The expression “soon before death” is a relative expression. Time lag may differ from case to case. All that is necessary that the demand of dowry should not be stale but should be a continuing cause for death of married woman under Section 304B of the IPC," the bench said.
The bench said the court cannot shut its eyes to other factors which have to be considered for grant of bail.
"At this stage, there is a presumption of innocence in favour of the petitioner. Delay in commencement and conclusion of the trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time," the bench said.