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Arpita Chauhan   14 May 2021

Can a bail be granted to a woman on account of child's right

Respected Members,

In the case of State V. Suman Kumari Bail matter no.1132/21. Sessions Court of Delhi, Dwarka district. In this case, an FIR was filed by the deceased lady’s father who was found hanging by the cloth on 01 December, 2020 as discovered by her husband tinku (also an accused). The father of the deceased woman has put allegations on the in-laws family of the deceased. He alleged that his daughter, who married the accused tinku on 11 July, 2019 was repeatedly subjected to the demand of dowry. The husband Tinku, younger brother Sunil, older brother, deepu, sister-in-law Suman(the appellant in the above mentioned case) and her father in law Dilip Chaudhary repeatedy demanded the deceased for a motorcycle. The complainant was not capable of providing a motorcycle for want of resources in result to which his daughter was subjected to repeated beating by the accused persons.

The accused woman(Suman Kumari) was granted bail on the account of her child. The bail was sought on the grounds of enabling the child to come out of the Jail environment. The child is 21 months old. The Court has granted the bail saying that a Child's Right to a healthy development cannot be violated.

Now, In regards to the appellant (Suman Kumari) in the above mentioned case, it was alleged that she actually intended her sister to marry the accused tinku and thereby forced the deceased to consume a medicine to cause abortion of her three month old fetus.

The FIR was registered under Section 498A, 304B and 34 of Indian Penal Code.

My question to all the respected members is that, Can the Court grant bail to such an accused person on the grounds of the Child's right when dowry death is a non-bailable offence under Section 304B of IPC?


 2 Replies

Anuranjan Patel (Advocate)     14 May 2021

Hello Arpita,

The court can grant bail to non-bailable offence too. If the court deems it fit and in exceptional circumstances, it is the discretionary power of the court to grant bail or not in a non-bailable offence. The court may release a person on bail under the age of 16 years, a woman, a sick or infirm person even though they accused of an offence punishable with death or imprisonment of life. The court may also grant bail in section 437 clause (ii), but it is all at the discretion of the court.

Thank you

Arpita Chauhan   15 May 2021

Thank You Sir.

Your answer has made things more clear to me.

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