Item no. 25
C.R.M. No.7996 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 14.09.2018 in connection
with Mekhliganj Police Station Case No. 226 of 2018 dated
02.08.2018 for alleged offence punishable under Sections
498A/302/304B/34 of the Indian Penal Code, 1860.
Nityananda Roy anr.
Ms. Jeenia Rudra, Advocate
Ms. Madhushri Dutta, Advocate
.. for the petitioners
Ms. Sukanya Bhattacharyya, Advocate
Mirza Firoj Ahmed Begg, Advocate
..for the State
The petitioners seek anticipatory bail in connection with
Mekhliganj Police Station Case No. 226 of 2018 dated 02.08.2018
for alleged offence punishable under Sections 498A/302/304B/34
of the Indian Penal Code, 1860.
The petitioners are the parents-in-law of the victim who died of
burn injuries within 18 months of her marriage and at a time
when she was into the third month of her pregnancy.
The State produces the case diary and refers to the statements
of some neighbours who claimed that the victim informed them of
the identities of the persons who had set her ablaze. However, the
purported dying declaration appears to be otherwise.
Considering the material and the extent of these petitioners’
involvement with the incident leading to the death of the victim,
there is no need for them to be taken into custody.
Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing a security of Rs.10,000/- (Rupees ten
thousand only) each, with two sureties of Rs.5,000/- (Rupees five
thousand only) each, one of whom must be local, to the
satisfaction of the Arresting Officer, subject to the conditions as
laid down in Section 438 (2) of the Code of Criminal Procedure,
1973. In addition, the petitioners will also report to the
Investigating Officer at such time and place as may be specified by
the concerned police officer.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioners subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)