C.R.M. 294 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 09/1/2018 in connection with
Rampurhat P.S. Case No. 388/2017 dated 14.12.2017 under Sections
498A/302/120B of the Indian Penal Code.
In the matter of: Sumita Choudhary @ Mitu Mondal @ Sunita Anr.
Mr. Bitasok Banerjee, Adv.
Mr. R. Mondal, Adv.
…for the petitioners
Mr. R.D. Nandi, Adv.
…for the State
It is submitted on behalf of the petitioners that the victim
committed suicide 11 years after her marriage. It is further
submitted that have been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for bail.
Having considered the materials in the case diary we find
that the petitioner no.1 and the mother-in-law of the victim
subjected her to torture in order to bring money for the treatment
of her husband. Unable to bear such torture, she committed
In view of the aforesaid allegations, we are of the opinion
that this is not a fit case for granting anticipatory bail to the
petitioner no.1. Hence, we are not inclined to grant anticipatory
bail to the petitioner no.1.
However, bearing in the mind the extent of complicity of the
petitioner no.2 i.e. the husband of the petitioner no.1 in the alleged
crime, we are inclined to grant anticipatory bail to the petitioner
In the event of arrest, the petitioner no.2 shall be released
on bail upon furnishing bond of Rs.10,000/- (Rupees Ten
Thousand only) with two sureties of like amount to the satisfaction
of the arresting officer subject to the conditions as laid down under
The application for anticipatory bail is, accordingly, partly
Urgent photostat certified copy of this order, if applied for,
be supplied expeditiously after complying with all necessary legal
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)