Used To Say 'Something Or The Other' To Victim, Instigation Loud & Clear: Delhi HC Refuses Pre-Arrest Bail To Woman Accused Of Abetting Suicide

The Delhi High Court has denied anticipatory bail to a woman in a case of abetment of suicide, saying the FIR squarely blames her as the reason for the deceased ending her life.

"In my view, in the present case, the instigation by the applicant which has prompted the deceased to end her life is loud and clear. The instigation is of harassment and the FIR clearly states that the applicant was saying something or the other which has instigated the deceased to take this extreme step," Justice Jasmeet Singh said in the order.

The FIR was registered at Paschim Vihar police station on June 27 after a 28-year-old woman poured petrol on her and set herself on fire.

In the FIR under Section 498-A, 306 and 34 IPC, she said, "I do not want to live … My mother-in-law used to harass me. She did not demand dowry but she used to say something or the other on each and every little thing".

Senior Advocate Mohit Mathur, representing the accused mother-in-law, had argued that none of the ingredients of Section 306 IPC with Section 107 are made out. He also submitted that there was no instigation to the deceased by the applicant.

"In the present case, the FIR is by the deceased, squarely blaming the applicant as the reason for the deceased ending her life. For the aforesaid reasons, I am not inclined to entertain the present application. The application is dismissed," the court said, while refusing to grant pre-arrest bail to the accused.

Title: SUNITA MALIK vs THE STATE OF DELHI

Citation: 2022 LiveLaw (Del) 1010