Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide.
The bench of Justice Kuldeep Mathur observed that it was a settled law that abetment to suicide involved a mental process of instigating a person or intentionally aiding someone in doing that act. Without there being a positive act on the husband's part reflecting such instigation or aid towards his wife's suicide, the charge of abetment to suicide could not sustain.
The Court was hearing a bail application filed by a husband-accused who was charged for dowry related violence and abetment to suicide following his wife's suicide.
It was submitted on behalf of the husband that despite there being a possibility of him “misbehaving and maltreating” the wife, there was no direct evidence on record to show that the petitioner had mens rea or intention to aid or instigate the wife to commit suicide.
On the contrary, it was argued that owing to the husband's behaviour towards her, the wife felt harassed and humiliated to the extent of her self-esteem and self-respect being tarnished.
After hearing the contentions, the Court opined that despite the prosecution case being that the husband used to beat and misbehave with the wife, there was no direct evidence that indicated any positive act on this part to instigate or aid her suicide in absence of which the charge of abetment to suicide could not be sustained.
Accordingly, the bail application was allowed.
Title: Ramniwas v State of Rajasthan
Citation: 2025 LiveLaw (Raj) 105