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Judgments of Supreme Court of India and High Courts

2019 Dated 15.06.2019 Under … vs In Re: Santosh Kumar Roy @ Santosh … on 17 February, 2020



Sl. No.66
C. R. M. 1739 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 13.02.2020 in connection with Airport Police Station Case No. 86 of
2019 dated 15.06.2019 under Sections 498A/306/120B of the Indian Penal Code.


In Re: Santosh Kumar Roy @ Santosh Roy Anr.

… … Petitioners
Mr. Koustav Bagchi .. Advocate
… … for the petitioners

Mr. Tanmay Kumar Ghosh .. Advocate
Mr. Arindam Manna .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are the parents-in-law of the

victim-housewife and were residing separately. It is further submitted that the petitioners

did not play any role in the matrimonial life of the victim. It is also submitted that the

victim-housewife and minor child suffered accidental death.

Learned advocate appearing for the State opposes the prayer for anticipatory

bail and submits that the petitioners aided and abetted the principal accused i.e. the

husband in torturing the housewife who committed suicide along with the minor child.

We have considered the materials on record. Although there are allegations

against the petitioners i.e. the parents-in-law of the victim-housewife in the initial years of

marriage, subsequently the couple started residing separately. On the fateful day owing to

a quarrel with her husband, the victim committed suicide with the minor child on the

railway tracks. Keeping in mind the extent of complicity of the petitioners in the alleged

crime, we are of the opinion that custodial interrogation of the accused/petitioners may not

be necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Santosh Kumar Roy @ Santosh Roy (2) Bithika Roy @ Bithika Moyee

Roy, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only) each, with two sureties of like amount each, to the satisfaction of the arresting officer

and also be subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973. Petitioners shall appear before the Investigating Officer and

hand over their passports, if any, within four weeks from date. In the event they do not

have passports, they shall personally appear before the Investigating Officer and furnish

affidavits to that effect within the time frame mentioned hereinabove.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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