Point of Law: Rejection of Bail – Dowry death – Abatement of suicide – Death within seven years of marriage – Adverse presumption – Aspect of the deceased suffering from depression that is sought to be brought forth by the applicant cannot presently at this stage be considered enough to hold that the deceased had committed suicide due to any act of depression and not because of the alleged maltreatment and cruelty.

JUDGMENT :

ANU MALHOTRA, J.

1. The applicant vide the present application has sought the grant of regular bail in relation to the FIR No.42/2020, PS Sonia Vihar, under Sections 304B/498A/34 of the Indian Penal Code, 1860, which FIR is indicated to have been registered on 29.02.2020. The applicant is the spouse of the deceased and was married to her on 30.10.2019 at the Rosary Church Kingsway Camp, Delhi according to the Christian rites and ceremonies. The applicant contends that it was a simple marriage performed without any demand of dowry and that there was no dowry demand made by the applicant’s side neither before the marriage nor after the marriage.

2. The applicant further submits that there was only a moderate gathering in the marriage. The applicant further submits that his spouse Maclina was suffering from a mental disorder namely somniloquy i.e. sleep talking disorder and she often used to scream during her sleep. The applicant further submits that the family of the deceased had not disclosed of this mental disease of the deceased to the applicant’s family before the marriage of the applicant to Maclina (since deceased)

3. According to the applicant, because of the mental illness, Maclina was unable to behave normally and was reluctant to engage herself with the family members of the applicant and was unable to take part in post-marriage rituals and confined herself often in her room and was reluctant to come out despite requests of his family members. The applicant further submits that whenever he asked the deceased about the details and reasons for her disorder, she used to become angry and sometimes furious and sometimes used to throw household articles. The applicant further submits that he had made enquiries from the brother of the deceased Godson, who had told him that the deceased was suffering from depression and was taking the treatment from their family doctor before marriage. The applicant submits that on 07.11.2019, the complainant that is an apparent reference to the father of the deceased named Shri Jerome George, s/o Shri Max Well George visited the applicant’s house on the request of the applicant and that the applicant and his mother had told the complainant about the unnatural behavior of Maclina, on which, the complainant i.e. the father of Maclina requested the applicant to send her to her parental home after every 15 days as she was suffering from depression. It is submitted by the applicant that the brother of the deceased had also asked the applicant to send the deceased to her parental home for getting treatment from their family doctor, to which, the applicant had said that he would take the deceased to some good hospital for treatment, to which, the brother of the deceased had however refused.

4. The applicant further submits that in the first week of December, 2019, Mr. Godson, the brother of the deceased had again taken back the deceased to her parental home for treatment and at that time, the applicant discussed/ enquired from the deceased about her episode of panic and sleeping disorder again. The applicant submits that on 04.01.2020, there was a wedding of the applicant’s relative but that the deceased refused to go for the same and that the applicant had dropped her at her parental home and that when the deceased was there, the brother of the deceased Mr. Godson had got her treated from a doctor named Dr.D.K. Gautam and when the deceased had come back, Mr. Godson had handed over the prescription related to the deceased to the applicant and had also handed over the additional medicines which the applicant had refused to administer to the deceased. The applicant submits that the medicines prescribed by Dr. Gautam were Vernol and Zapiz which are meant for depression and panic attacks. The copy of the prescription of Dr. DK Gautam was submitted by the applicant along with the application. It has been submitted through the application that around 26.01.2020, the deceased was feeling restless and