AJAYBHAI VINUBHAI MANILAL PATANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application filed under Sec. 439 of the Code of Criminal Procedure applicant accused Ajaybhai Vinubhai Manilal Patani seeks regular bail under Sec. 439 of the Code of Criminal Procedure in connection with FIR being CR.No.11191015220328 of 2022 registered with Nikol police station, Ahmedabad for the offence punishable under Sec. 498A , 306 and 114 of the Indian Penal Code.

(2.) The facts and circumstances giving rise to the filing of the present application are that the deceased wife of the applicant named Sangita committed suicide on 10/4/2022. The marriage took place in the year 2019. It is the case of the prosecution that the deceased was subjected to mental and physical cruelty by the husband and in-laws. The mother of the deceased lodged an First Information Report against the applicant and in-laws inter alia alleging that after the marriage, her daughter was harassed by the accused, as she could not conceive. On earlier occasion also, she was harassed on account of miscarriage of the child. It is alleged that black magic was demonstrated on her daughter. As a result, the deceased was feed up with the day to day affairs of the matrimonial home and lastly she ended her life by giving electric shock to herself to end her life.

(3.) Mr. Manan V. Patel , learned counsel for the applicant herein submitted that the applicant did not play any role in the alleged abetment of suicide committed by the deceased. He would submit that the allegations levelled in the complaint did not attract the ingredients of abetment, as contemplated under Sec. 107 of the Indian Penal Code . He further submitted that in order to convict a person under Sec. 306 of the Indian Penal Code, there has to be a clear mens rea to commit the offence and also requires active act or direct act, which led the deceased to commit suicide, seeing no option that act must have been intended to push the deceased into such a position that she committed suicide. Merely on the allegation of harassment and without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, the case in terms of Sec. 306 of the Indian Penal Code is not sustainable.