Unreasonable Condition- SC Sets Aside HC's Order For Paying ₹10 Lacs To Wife For Anticipatory Bail In Dowry Harassment Case
The Supreme Court has set aside the order passed by the Jharkhand High Court imposing a condition upon the accused to submit a Demand Draft of Rs. 10 Lakhs as ad-interim victim compensation in a dowry harassment case.
The Court held that imposing such a condition on the Appellant by the High Court was unreasonable.₹
The Bench of Justice Ajay Rastogi and Justice C.T. Ravikumar held –
"… we find no reasonable justification for the High Court to call upon the appellant to submit a demand draft of Rs. 10 lakhs in availing the benefit of pre-arrest bail. Consequently, the appeal stands allowed and the order passed by the High Court dated 04/05-03/2022 directing the appellant to deposit a Demand Draft of Rs. 10 Lakhs is hereby set aside."
Facts of the case –
The case was related to the matrimonial dispute between the husband and wife i.e., appellant and respondent respectively. The marriage between the parties was solemnized as per the Hindu Rights and Customs in the year 2015 but due to some matrimonial differences, an application was filed by the appellant seeking dissolution of marriage in the year 2016.
The respondent however instituted a criminal complaint against the appellant that later got converted into an FIR for offences under Section 498A, 120B, 323, 324 of IPC read with Section 3/4 of the Dowry Prohibition Act.
The appellant filed an application in the Court seeking pre-arrest bail but the High Court granted the bail on a premise that the appellant shall resume conjugal life. The Court under Section 482 of Cr.P.C. passed the order directing the appellant to submit a demand draft of Rs. 10 lakhs to avail the benefit of pre-arrest bail.
Counsel Rajiv Ranjan Dwivedi appeared for the Appellant while Counsel Arvind Gupta and Counsel Madhusmita Bora appeared for Respondents 1 and 2 respectively before the Supreme Court.
Hence, the appeal was filed by the appellant in the Apex Court.
The Supreme Court accordingly set aside the order of the High Court considering it to be unreasonable in nature.
Cause Title – Ravikant Srivastava @ Ravi Kant Shrivastava v. The State of Jharkhand & Anr.