rkd Ct. No.28 C.R.M. 544 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 15/01/2018 in
connection with Matigara P.S. Case No. 589 of 2017 dated
16/09/2017 under Sections 498A/304B of the Indian Penal
In the matter of: Dipankar Shome Anr.
Mr. A. Banerjee
…for the petitioners.
Ms. S. Sehanabis
…for the defacto complainant.
Mr. M. P. Agarwal
…for the State.
It is submitted on behalf of the petitioners that they are
the in-laws of the victim housewife and it is further submitted
that she suffered from respiratory distress and other
complications during pregnancy.
Learned counsel for the State opposes the prayer for
Learned counsel for the defacto complainant submits that
the victim was a deaf and dumb girl and died within one year of
her marriage at the matrimonial home.
We have considered the materials on record. It is true
that the death of the victim within one year of her marriage is
unfortunate. Hence, we have given anxious consideration to the
cause of death as appearing the death certificate at page 64 and
the post mortem report at page 72 of the case diary. Death
certificate at page 64 records severe respiratory distress and
hypoglycemia of the victim and the post mortem doctor has
opined that the victim had died due to deceased condition of
herd and lungs. However, chemical examination report is
In view of the aforesaid materials on record which support
the contention of the petitioner that the victim suffered from
respiratory distress at the time of her death, we are of the
opinion that custodial interrogation of the petitioner may not
necessary although the petitioner requires to co-operate with the
investigation. Accordingly, we are inclined to grant anticipatory
bail to the petitioner.
In the event of arrest, the petitioner shall be released on
bail upon furnishing a Bond of Rs. 10,000/- with two sureties of
like amount each to the satisfaction of the Arresting Officer and
also subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973 and on further condition
that the petitioner shall meet the investigating officer once in a
week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)