Doctor Dowry death in UP: SC cancels anticipatory bail of husband doctor family
New Delhi: The Supreme Court has canceled the anticipatory bail granted to an eminent doctor and his family by the Allahabad High Court after the medical practitioner's doctor wife died an unnatural death allegedly due to ill-treatment and violence by her husband and in-laws for dowry.
Besides the cancellation, the apex court has also directed an independent probe by CBI in the case.
The order by the apex court was pronounced while dealing with a petition moved by the deceased doctor's father who alleged domestic violence that resulted in the subsequent death of his daughter. The petitioner sought cancellation of anticipatory bail granted by the High court to the deceased doctor's father-in-law, mother-in-law, another doctor son, and his wife for allegedly torturing the deceased in order to gain more dowry.
The complaint was moved by the deceased doctor's father on 7 August 2020 on the basis of an FIR that was registered at Police Station Tajganj in the District of Agra.
According to the FIR, his daughter got married to the son of the accused doctor on 3 November 2014. The deceased herself was a qualified doctor by profession. An amount of Rs.1.5 crores was spent on the occasion of her marriage. However, the in-laws were allegedly dissatisfied with the money brought by the bride and she was pressurized to bring an amount of Rs. 1 crore. Further, the deceased's father allegedly paid money by cheque to the groom's family in the interest of the domestic happiness of his daughter.
The petitioner mentioned an incident in 2017 when the deceased was allegedly assaulted by her in-laws. Injuries were suffered by her, as revealed during the course of a medical examination at the Government Hospital in Vrindavan. The deceased suffered two miscarriages and had adopted a girl child. There was continued harassment of the deceased and of the child she had adopted. About 18 or 19 days before the incident on 3 August 2020, the deceased had been assaulted by the accused persons on account of dowry and threatened with consequences if she informed her family.
" The investigating officer has a duty to investigate when information about the commission of a cognizable offence is brought to their attention. Unfortunately, this role is being compromised by the manner in which selective leaks take place in the public realm. This is not fair to the accused because it pulls the rug below the presumption of innocence. It is not fair to the victims of crime, if they have survived the crime, and where they have not, to their families. Neither the victims nor their families have a platform to answer the publication of lurid details about their lives and circumstances."
"The order passed by the Single Judge of the High Court of Judicature at Allahabad allowing the applications for anticipatory bail by the respondents-accused shall stand set aside and the bail granted to them shall stand canceled"
Having regard to the circumstances which have emerged on the record, which have been adverted to in the earlier part of the judgment, we are of the view that it is necessary to entrust a further investigation of the case to the CBI in exercise of the powers of this Court under Article 142 of the Constitution.