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04.04.2019
tkm/ct 28 C.R.M. 3803 of 2019
sl no. 71

In Re : An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 3.4.2019 in connection with
Domkal P.S case no. 885/2018 dated 26.11.2018 under section
498A/302/306/34 of the Indian Penal Code
And
Allowed
In Re : Champa Bibi Anr. …… petitioners

Mr. Avik Ghatak
Mr. M. Swarnakar
…… for the petitioners
Mr. Rana Mukherjee
Ms. Sukanya Bhattacharya
…… for the State

Heard the learned advocates appearing for the
respective parties.

It is submitted on behalf of the petitioners that they are
the sister in law and mother in law respectively of the victim
housewife. She committed suicide nine years after marriage
and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the victim was subjected to
torture and consequentially committed suicide.

We have considered the materials on record. We note
that the victim had committed suicide nine years after
marriage and statutory presumptions under section
113A/113B of the Evidence Act are not attracted in the
factual matrix of the case.

Under such circumstances and keeping in mind the
complicity of the petitioners in the alleged crime, we are
inclined to grant anticipatory bail to the petitioners.

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Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of
Rs. 10,000/- each with two sureties of like amount, 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
petitioners shall appear before the court below and pray for
regular bail within a fortnight from date.

The application being CRM 3803 of 2019 is disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)