Delhi HC Denies Bail to Man Booked in Pregnant Wife’s Suicide Case Over Dowry Harassment

The Delhi High Court has denied bail to a man accused of harassing his three-month pregnant wife, who allegedly died by suicide within nine months of marriage over continued dowry demands and cruelty.

A bench led by Justice Swarana Kanta Sharma recorded the testimony of the deceased's parents, who stated that their daughter was mentally and physically harassed over persistent dowry demands, including a motorcycle and a gold chain.

“The right of the victim, especially a young woman who died while allegedly being harassed for dowry, and who was three months pregnant, must be given due regard. Her voice, now silenced forever, can only be heard through the evidence brought forth by her parents,” the court said.

"This Court is of the opinion that while the right of an accused to be considered for bail is well-recognized in law, the Court cannot ignore the material on record at this stage, including the testimonies of the parents, the contents of the FIR, and the sequence of events preceding the death, which at this stage, collectively support the prosecution‟s case and prima facie disclose ingredients attracting the offence alleged," the court added.

The court was hearing a regular bail plea filed by the husband in connection with FIR No. 83/2024 registered at Police Station Jaitpur, Delhi. He is facing charges under Sections 304B and 498A of the Indian Penal Code.

According to the prosecution, on February 6, 2024, police received information regarding the suicide of the deceased, Mohini, and found her hanging from a ceiling fan. The post-mortem report confirmed death by asphyxia due to ante-mortem hanging.

The FIR, filed by Mohini’s father, stated that the applicant frequently quarrelled with her due to dissatisfaction over dowry and repeatedly demanded a motorcycle and a gold chain. A critical piece of evidence was a video call made by the deceased to her father around 9 PM on February 5, 2024. During the call, she was seen fighting with her husband over dowry demands. The father tried to calm the situation before going to bed, only to receive a call at 3 AM informing him of his daughter’s death

The accused, through his counsel, argued that he had been falsely implicated and pointed to the absence of criminal antecedents. He claimed that minor disagreements between couples cannot be construed as cruelty under law. It was also argued that the prosecution's case rested solely on the statements of the deceased’s parents, who lived in Hardoi, Uttar Pradesh, and could not be aware of the daily dynamics of her married life..

Opposing the bail plea, the Additional Public Prosecutor for the State argued that the allegations were grave and involved the suspicious death of a young woman within a year of marriage.

Rejecting the contentions of the accused husband, the court said,“To presume that parents, merely because they married their daughter into another city, would not know about her life or would become strangers in the social context, is a flawed and unrealistic argument in itself.” 

The court underlined that in Indian society, parental bonds do not diminish after marriage and that in an age of instant communication, parents remain deeply connected to their daughters emotionally and virtually. In this case, it noted, the father witnessed the abuse in real time via a video call.

“The deceased was married in Delhi by her parents, who reside in Hardoi, U.P. After getting their daughter married to a man residing in Delhi, they do not become ‘private witnesses’ qua their own daughter. They remain her parents forever,” the court added.

While clarifying that the observations made were only for the purpose of deciding the present bail application and would not affect the trial’s merits, the court found no grounds to release the applicant at this stage.

Accordingly, the bail application was dismissed.

Case Title: Ajay Kumar vs State of NCT of Delhi

Date: July 25, 2025

Bench: Justice Swarana Kanta Sharma