04 April 2025 Anticipatory Bail >> Criminal Law   |   Dowry >> Marriage Law  

In Abhishek Kumar v/s State NCT Of Delhi., the Delhi High Court has granted anticipatory bail to a husband accused in a case involving Section 498A (cruelty to wife), 406 (criminal breach of trust), 313 (causing miscarriage without woman's consent) and 34 (common intention) of the Indian Penal Code, along with Sections 3 and 4 of the Dowry Prohibition Act.

The complainant, the de facto wife, alleged that her husband (the applicant) caused two miscarriages, one by administering medicine and another by kicking her abdomen. She also claimed he had developed a relationship with another woman and was not paying maintenance. The husband countered that the complaint was a reaction to his divorce petition.

The court noted a lack of reliable evidence regarding the alleged miscarriages. No medical records or contemporaneous complaints were presented. The doctors named by the complainant did not support her version, and even the investigating officer admitted to finding no cogent material to substantiate the miscarriage allegations. While audio recordings were presented as evidence, the court found them ambiguous and open to interpretation.

Given that custodial interrogation of the accused was not deemed necessary, and considering the absence of strong evidence supporting the serious allegations, the court granted anticipatory bail. The applicant was directed to furnish a personal bond of Rs. 10,000 with one surety of the like amount and to cooperate with the investigation. The court clarified that these observations would not influence the trial's final outcome.

Dowry Prohibition Act, 1961  

Section 34., Indian Penal Code - 1860  

Section 313., Indian Penal Code - 1860  

Section 406., Indian Penal Code - 1860  

Section 498A., Indian Penal Code - 1860  

Indian Penal Code, 1860