Chhattisgarh HC Grants Anticipatory Bail To 64-Year-Old Professor Father-In-Law And Mother-In-Law In Dowry Case Alleging Miscarriage-Causing Assault

The applicants, the complainant’s father-in-law and mother-in-law, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 88/2026, registered for offences under Sections 85, 91, 318(4), 115(2), 316, 296 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of the Dowry Prohibition Act, 1961.

The prosecution alleged that the applicants and their son misrepresented the son’s qualifications and employment, received cash and articles at the wedding, and subjected the complainant to cruelty and assault over dowry demands; it also alleged that the assault caused her miscarriage.

The applicants denied the allegations, contending that they had been falsely implicated and that the complainant had difficulty adjusting to the family.

The State also referred to transfers of ₹11,50,000 to Applicant No. 1 and ₹10,00,000 to Applicant No. 2, which it said appeared to have been made at the time of marriage.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for a direction granting bail to a person apprehending arrest.

The Court considered the alleged offences under Sections 85, 91, 318(4), 115(2), 316, 296 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of the Dowry Prohibition Act, 1961.

The order identifies no precedent or further legal test; it records that the application was assessed on the facts and circumstances, the nature of the allegations, and the applicants’ circumstances.

The Court considered the competing submissions, including the allegations of dowry-related cruelty, assault and miscarriage, the asserted cash transfers, and the applicants’ denial of wrongdoing.

In granting relief, it relied on the nature of the allegations, the date of the marriage, Applicant No. 1’s age and stated position as a Sanskrit professor and department head, and Applicant No. 2’s relationship to the complainant.

The Court expressly refrained from commenting on the merits.

It directed that, in the event of arrest in the specified crime, each applicant be released on executing a personal bond of ₹25,000 with one surety for the like amount, to the satisfaction of the arresting officer.

The applicants must cooperate with interrogation when required, refrain from influencing or threatening persons acquainted with the case, avoid conduct prejudicial to a fair and expeditious trial, and attend the trial court on each date until disposal of the trial.