RAJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Raj, who is in judicial custody in connection with FIR/Case Crime No. 352 of 2024, under Sec. 80 of BNS, registered at P.S. Transit Camp, District Udham Singh Nagar, has sought his release on bail.

(2.) As per the prosecution story, the applicant and the deceased were married on 18/7/2024; that, it is alleged, the applicant used to physically abuse and harass the deceased and demand money from her. Due to the constant harassment, the deceased allegedly hanged herself on 14/12/2024.

(3.) Learned counsel for the applicant submits that the applicant and the deceased were living in a consensual relationship; that the applicant has not taken a single penny from the deceased; and that the offence under Sec. 80 BNS is not made out. He has further submitted that Sec. 80 BNS applies where the death of a woman is caused by burns, bodily injury, or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.