498a bail condition - Say sorry to your wife, HC orders cop husband
Court asks cop to apologise to wife
OUR LEGAL REPORTER
A high court division bench on Tuesday refused to hear the anticipatory bail plea of a Bengal police constable who had moved the court apprehending arrest on the charge of torturing his wife and directed him to apologise to her with “folded hands”.
“The police have been entrusted with the job of ensuring that no housewife is tortured by her husband or in-laws. But in this case, the accused himself is a policeman. He should be given an exemplary punishment. This court is directing the petitioner to beg his wife’s pardon with folded hands within seven days. After that the court will hear his petition,” the bench of Justice Asim Banerjee and Justice Raghunath Roy stated.
The judges also asked the constable Dinesh Chandra Roy’s lawyer to inform them whether his client had gone to his in-laws’ house and apologised.
If the cop does not obey the order within the stipulated period, the matter would be brought to the notice of his superiors and stern action would be prescribed, said the judges. The bench scheduled the next hearing of the case on August 10.
“Many cases of torture on housewives by their policemen husbands are coming to the court. The division bench’s unique decision will surely send a message to the protectors of law,” said advocate Pradip Roy, counsel appearing for the state.
The 27-year-old constable, posted in Cooch Behar, had married Tapasi Roy, 21, of Bhaktinagar in Jalpaiguri, on December 11, 2009.
“Dinesh took dowry at the time of marriage but still used to ask his wife to bring more money from her father. As Tapasi’s father, a trader, could afford to give more money, Dinesh used to torture Tapasi both mentally and physically,” Pradip Roy told the court during Tuesday’s hearing.
The lawyer told the bench that the constable had beaten up his wife mercilessly on June 11 and she had to be admitted to a nursing home in Cooch Behar.
Tapasi’s father Sunil Roy, after getting the information, travelled to Cooch Behar on June 18 and brought Tapasi back to Jalpaiguri. Sunil later lodged a complaint with Gokulbhita police station in Jalpaiguri against his son-in-law under section 498A of the IPC.
KOLKATA: Dinesh Ray, a police constable posted at Cooch Behar, came all the way to Calcutta high court, praying for anticipatory bail. Ray feared arrest after his father-in-law lodged a complaint of wife torture under Section 498A of the IPC. The court asked Ray's counsel to ensure that the constable apologises to his wife by next Tuesday, failing which the court would take action against the accused.
The alleged wife torture began a month after Dinesh married Tapashi of Jalpaiguri in December, 2009. It continued for months till Dinesh recently thrashed his wife so much that Tapashi had to be rushed to a nursing home. Her father Sunil Ray lodged a complaint with the Gokulvita police.
When Ray's counsel Ranjana Talapatra moved the anticipatory bail, the division bench of Justice Ashim Kumar Banerjee and Justice Raghunath Ray held that it was shameful act on the part of the accused because he happens to be a police constable and is quite aware of the implication of the complaint under 498A. However, the bench did not turn down the bail application.