Anita Dutta vs Unknown on 22 June, 2017


Item No.807
SB C.R.M. 4172 of 2017
In Re:- An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 12.05.2017.

In the matter of :

Anita Dutta,

2. Jharna Biswas,

3. Sampa Karmakar @ Sampa Biswas…………….petitioners.

Mr. Deep Chaim Kabir,
Mr. Rajat Kumar Dey ………….for the petitioners.

Mr. Saswata Gopal Mukherjee,
Ms. Ayantika Mietra……………for the State.

Apprehending arrest in course of investigation of Nimta P.S. F.I.R.
No. 260/2016 dated 08.10.2016 under Sections 498A/306 of the Indian
Penal Code, the petitioners (mother-in-law, sister-in-law and daughter of
the sister-in-law of the victim) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the
materials in the case diary, more particularly the statement of the
daughter of the victim lady. It appears that the victim lady and her
husband, married in 2000, had an altercation, whereupon the victim
lady set herself on fire; the husband tried to save her but in the process
of rescuing her, the husband also sustained burn injuries. Ultimately
both of them expired one after other.

We do not see any direct overt act of criminality attributed to the
petitioners and, therefore, are of the considered view that custodial
interrogation of the petitioners is not necessary for effective and
meaningful progress of investigation of the FIR and that they are entitled
to direction, as prayed for in this application.

Accordingly, C.R.M. 4172 of 2017 stands allowed with the direction
that in the event of arrest of the petitioners, they shall be released on
bail upon furnishing bond of Rs.5,000/- (Rupees Five Thousand) each,
with two sureties of like amount each, one of whom must be local, to the
satisfaction of the arresting officer and subject to the conditions as laid

down in sub-section (2) of Section 438 of the Code of Criminal

(Debi Prosad Dey, J.) (Dipankar Datta, J.)

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