Thane Sessions Court Grants Anticipatory Bail To Man Accused Of Domestic Violence, Cites Non-Severe Punishment And Matrimonial Dispute

Thane: The Thane Sessions Court has granted anticipatory bail to a man accused of domestic violence by his estranged wife, observing that the offences alleged against him are not punishable with life imprisonment or death, and hence custodial interrogation was not necessary.

While allowing the anticipatory bail application (ABA), the court noted, “The offences alleged are not having severe punishment like life or death sentence. The Supreme Court as well as the High Court have dealt with offences carrying punishment up to seven years and have held that custodial interrogation is not required in such cases. The allegations pertain to a matrimonial dispute, and thus, by imposing some stringent conditions, the accused can be granted pre-arrest bail.”

According to the prosecution, the couple married in December 2008 as per Muslim rituals and later registered their marriage in court. After their honeymoon in Mahabaleshwar, the husband reportedly told his wife that his parents may not accept her and asked her to stay with her own parents. Eventually, the husband was allegedly driven out of his house by his parents due to their disapproval of the marriage and began living with his wife’s family.

The couple later moved into the husband’s parental home after he returned from a small period job in Dubai. There, the wife claimed that she was subjected to physical and mental harassment by her in-laws over an alleged illegal demand for Rs 10 lakh.

Opposing the anticipatory bail plea, the prosecution argued that the husband had failed to provide financial support to his wife and children following the marriage and even after the birth of their son and daughter. They further claimed there was a high risk of the accused fleeing the country, particularly to Dubai, if granted bail.

However, the court rejected the prosecution’s apprehension, noting that appropriate bail conditions would ensure the accused’s cooperation with the investigation and court proceedings. The man was granted anticipatory bail subject to stringent conditions.