Dipankar Shome & Anr vs Unknown on 18 January, 2018

1

70 18.01.2018
rkd Ct. No.28 C.R.M. 544 of 2018
(Allowed)

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
Code.

And

In the matter of: Dipankar Shome Anr.

….petitioners.

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

anticipatory bail.

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

awaited.

2

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.)

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