An Application For Anticipatory … vs Sundari Bibi @ Sundari on 2 January, 2018

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72. January 2, C.R.M. 13099 of 2017
2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on December 21, 2017 in connection
with Baduria Police Station Case No. 397 of 2017 dated June 8, 2017
under
Sections 498A/304B/306/406/34 of the Indian Penal Code read with
Sections 3 and 4 of the Dowry Prohibition Act;

And

In the matter of : Sundari Bibi @ Sundari
Parvin Bibi anr. …petitioners.

Versus
State of West Bengal …opposite party.

Mr. Kallol Kumar Basu,
Mr. Anubrata Dutta,
Mr. Siddhartha Bhattacharya,
…for the petitioners.

Ms. Kumkum Mitra,
…for the State.

We have heard the learned advocates appearing for the parties and perused the
case diary.

It is submitted on behalf of the petitioners that the petitioner no. 1 is the married
sister in law of the victim/housewife and the petitioner no. 2 is her husband and that they have been
falsely implicated in the instant case.

The learned lawyer appearing on behalf of the State opposes the prayer for
anticipatory bail.

Having considered the materials in the case diary prima facie disclosing
involvement of the petitioner in the alleged torture on the victim/housewife, who had committed suicide
within two years of her marriage and the fact that the petitioners were present at the place of occurrence,
we are not inclined in granting anticipatory bail to the petitioners.

dns The application for anticipatory bail is, thus, rejected.

( Rajarshi Bharadwaj, J. ) ( Joymalya Bagchi, J. )
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