“Extra-marital affair doesn't come within ambit of abetment to suicide:” Rajasthan High Court while granting bail to husband

The Rajasthan High Court recently observed that extramarital relationship by itself would not come within the ambit of abetment to suicide and granted bail to a husband.

The Court was hearing a bail application filed by Meghraj, a resident of Bikaner, who was arrested in connection with his wife Rekha’s death.

Meghraj was charged under sections 498(A) and 306 of the Indian Penal Code (IPC) for cruelty and abetment of suicide, following a complaint by Rekha’s father.

The bench of Justice Rajendra Prakash Soni observed, “Extra-marital relationship, per se or as such, would not come within the ambit of abetment. To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as abetment for satisfying the ingredients of Section 306 IPC.”

“The seed of suspicion planted in mind of deceased brought the eventual tragedy but such an event will not prima facie constitute the offence alleged. Therefore, petitioner makes a case for bail,” the court added.