Kanpur session court grants anticipatory bail to doctor, parents in domestic assault case

Kanpur: Observing that no unnatural offences were committed even though the allegations were serious, the session court on Thursday granted anticipatory bail to a 41-year-old doctor from Bhabha Atomic Research Centre (BARC) hospital in Kurla and his parents, who were accused of assaulting and abusing the wife of the doctor.

The court considered the fact that the doctor was a government employee, there was no possibility of him fleeing from justice and directed the applicants to execute a personal bond of Rs 20,000 each with one or two guarantors for the same amount.

The wife of the doctor who is the complainant alleged that her husband had harassed her, taunted her, and used derogatory language towards her. She also accused him and his parents of assaulting and abusing her, pressuring her to obtain money from her parents. 

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The complainant further stated that her husband had an affair and had subjected her to physical abuse, including burning her with cigarette butts. She claimed in February 2023, the doctor also had unnatural sex with her, threatening to send her to a brothel if she refused. As per the complainant, she married the doctor in 2005 and had two children, HT reports.

Taking note of the allegations against the doctor, Additional Sessions Judge Dr Gauri Kawdikar said “The allegations against the applicant (doctor) are very serious, very clear and specific. They prima facie constitute cruelty. It is settled legal position that for relations between husband-and-wife section 377 (unnatural offence) of the Indian Penal Code, 1860 is not attracted.”

Before the court granted bail to the applicants, the advocate defending them argued that the doctor's parents lived in Nashik and had not mistreated the complainant or demanded dowry. They also pointed out that the doctor and his parents had no criminal history.

However, the public prosecutor of the complainant opposed the anticipatory bail, stating that the investigation was still in its early stages and expressing concerns that granting bail might enable the accused to pressure the complainant, tamper with evidence, or obstruct the investigation.

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