G. M. LODHA, J. - (1.) DOWERY hungry vultures, having failed, in getting T. V. , Frieze, Scooter and coins of Rs. 25,000/- (price for selection as Tehsildar) started teasing, taunting, insulting and creating untolerable torture, resulting in severe mental agoney, apathy for such digraceful beastly life, and nervous break down of an innocent, beautiful educated yet help less newly married girl, who was thus forced to commit suicide by burning herself alivesuch is the tragic, pathetic, harassing, heart breaking, nerve cracking, conscious shocking and society rocking, one line prosecution story of Urmilla the deceased, and crime of abetement of suicide by husband Ashok Kumar and his dowery starving family members. Yet the prayer is for extraordinary, exceptional judicial favour of 'bail without jail' by the alleged 'dowery devils'. Urmila's "death will" is as under (Reproduced from police Diary): ***
(2.) THE case has been registered under section 306 I. P. C. against the petitioners Ashok Kumar, husband of the deceased and Kumari Nirja, sister of Ashok Kumar Sharma in addition to mother-in-law and father-in-law on the allegation that the accused used to torture the deceased Urmila for not having brought sufficient 'dowery'. Thus mental torture of the deceased Urmila as per the prosecution allegation become unbearable and as a result of this she committed suicide, after an oarler attempt to suicide has failed. THE suicide note shows that Urmila earlier tried to committ suicide also by taking certain poision-ous drugs used for killing rats but she was not successful. Mr. Tibrewal appearing for the petitioners have submitted that a bare perusal of the statement of prosecution witnesses Shri Vedpal, advocate, Shri Jai Dev and Jainarain prima facie shows that the phrases and words used therein are so artificial that story has been concocted against the accused persons including petitioners. Mr. Tibrewal has also submitted few letter, which according to him prosecution agony has refused to accept, to show that relations between parties including spouse were cordial. It is argued that Ashok kumar Sharma petitioner has been selected in the R T. S. and he has to join his service by 15th of March 1980 and if he is arrested he is likely to loose job permanently. It was also pointed out that Shri Ashok Kumar Sharma used to live at Alwar away from Urmila for the most of the period after marriage and he was not there on the day of suicide was committed by Urmila and therefore there was no occasion of Ashok Kumar Sharma indulging in torture which lead to suicide as contemplated under section 306 Indian Penal Code. It was also pointed out that Kumari Nirja, girl of 17 years and student of 10th class in Saint Anjella and if she is arrested she would not be able to appear in the examination. Mr. Tibrewal contends that it is very unfortunate, incident but a false case for harassing accused has been made because the father of the deceased girl happened to be Dy. S. P. in Rajasthan. Mr. Garg Learned Public Prosecutor vehementally opposed this bail application under section 438 Cr. P. C. According to him provisions of anticipatory bail were in introduced for exception and extraordinary cases where process of law was sought to be mis-used and abused by arrest for humiliating innocent persons. According to Mr. Garg the evidence of Shri Ved Pal Advocate is positive on the point that he has personally seen deceased girl Urmila being tortured by all the 4 accused on account of not bringing sufficient dowery from her parents. The evidence of Shri Jainarain was also read before me to point out that Urmila was told and teased, insulted, tortured for not arranging Rs. 25,000/-which has been spent in the selection of her husband Shri Ashok Kumar Sharma in Rajasthan Tehsildar Service. In addition to this not getting Television set, Friedge and Scooter in dowery was also subject matter of taunts and torture to Urmila. Mr. Garg's contention is that at the stage of investigation no exceptional and extraordinary reasons have been shown for which special exception should be made in favour of the accused in the grant of anticipatory bail. I have considered the submissions of learned counsel for the petitioner and the learned public prosecutor and also gone through the relevant record produced before me. The evidence of suicide note of educated girl shours that of although husband may not be living with her at the time of death she was under tremendous mental strain and torture. The fact, according to this death note, of earlier attempted suicide and even after that attempt became unsuccessful, she persisted in making second attempt, shows that the mental torture and pain, agony with which she was constantly suffering was terrible and of serious magnitude. It is very rare after first attempt to suicide fails, another attempt is made after some time. It was the case of mental torture and certainly extremely serious type and that makes this social crime, of henious and serious nature.
(3.) THIS court would not like to make any comment on evidence one way or the other. Mr. Tibrewal's argument may ultimately be found to be correct or may be found to be wrong, but the least that can be said is that an advocate and 2 more persons have prima facie given evidence which found to be true not only but likely to prove fatal against accused on the factor that a constant demand and torture for dowery, as alleged have been made from an educated girl. The resultant repeated attempts for suicide revolts against the social con-cious and also makes it a 'serious social crime' of henious nature. It is not a stray case, as several Urmilas are becoming victims of 'dowery deaths' homicide, or suicide as correctly pointed out by prosecution. THIS is crime against society, against womanhood and above all against poverty. It deserves serious prompt attention by law makers, law interpreters and law enforcement machinery in addition to the social reformers. It is a, 'slur' on society and 'stigma' on present generation A social evil taking away precious lives of newly married girls rarely noticed deserves much more preventive stringent legislation. The provisions regarding anticipatory bail under section 438 Cr. P. C. were intended for use very sprangly in the exceptional cases, where malafide design is patent and not even latent. Such provisions cannot be used for cirum-venting normal procedure of arrest and investigation after arrest. Unless the accused shows that he has strong case where arrest is sought to be made in false connected case to defame and humiliate or black-mail him, the anticipatory bail cannot be taken. After the case was registered it was expected of the husband to have surrendered and cooperated with investigating Agency and produce all letters before investigating to show his bonafides and remove clouds of suspicion, as per his version. Instead of that he avoided arrest and remained absconding which makes his case worst. I am therefore of the firm view that it would be mis-use of sec. 438 if bail is granted to him, as at this stage he has no case for bail at all, much less for anticipatory bail. ;