Arnesh Kumar vs State of Bihar & Anr
Facts- The Petitioner, Arnesh Kumar, was arrested under Section 4 of the Dowry Prohibition Act, 1961 after his wife affirmed that he requested dowry from her. She alleged that Kumar’s parents demanded eight lakh rupees, a Maruti car, an air- conditioner, a television set, etc. and when this fact was brought to the Petitioner’s notice, he supported his mother and threatened to marry another woman. It has been alleged that she was driven out of the matrimonial home due to non-fulfillment of the demand of dowry. Denying the claims, Kumar applied for anticipatory bail, yet his solicitation was denied. This drove him to appeal in the format of Special Leave Petition, which was allowed by the Supreme court of India.
Issues- The main issue here is the grant of anticipatory bail to the Petitioner. It was not granted by the High Court. The case also deals with the rights of an accused before and after the arrest. It also deals with the misuse of Section 498A of the Indian Penal Code, 1860 by women.
Judgment-The apex court was pronounced by the Apex Court as it imposed further checks and balances on the powers of the police before an arrest under section 498-A of Cr.P.C can be done which deals with dowry cases.
Analysis – In this case of “Arnesh Kumar vs State of Bihar & Anr” the apex court pronounced its decision which imposed further checks and balances on the powers of the police before an arrest under section 498-A of Cr.P.C in pertaining to dowry cases. On a case study published by National Crime Records Bureau, Ministry of Home Affairs in the year 2012 it showed that nearly 9.4% of increases on the offence under section 498-A since 2011. This data shows the abuse of the arresting power of a police officers, to which the apex court set some boundaries and requirements which should be meant. Since “Arrest brings humiliation, curtails freedom, and casts scars which last forever.”