Bail u/s 498A, 406, 34 IPC

Certain directions were issued by the Hon’ble Apex Court in the case of Joginder Kumar (supra) regarding arrest to be made by the police officers. It has been observed that the police officer must justify the arrest after arriving at a reasonable satisfaction after investigation as to the legitimacy of the complaint. The said judgment has been relied upon in the case of D.K. Basu’s case (supra) in which guidelines regarding arrest, investigation and interrogation of an accused have been issued such as manner of arrest, right of an accused during arrest, investigation and interrogation, his right to be medically examined and to be counselled by his lawyer during the period of investigation. Several precautions have been issued by the Hon’ble Apex Court after the arrest of an accused by the above said judgments.

Court is of the considered opinion that in matters of matrimonial cases, the Investigating Officer is required to first make out whether any article is to be recovered. In case, he is of the view that any article is to be recovered then he is to decide whether the custodial interrogation of any of the accused is required for the purpose of recovery of article. Without reaching to the conclusion with regard to recovery of article, whether it is stridhan article or any other article, the Investigating Officer is not to arrest the person for the recovery of the same.

Similarly, the bail application ought not to be rejected for settling the scores between the parties.