C.R.M. 11796 of 2018
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/12/2018 in
connection with Beharampore P.S. Case No. 554/2018 dated
22/05/18 under Sections 498A/304B/34 of the Indian Penal
Code read with Sections 3/4 of Dowry Prohibition Act, 1961.
In the matter of: Alehar Bibi Anr.
Ms. Rinku Das
…for the petitioners.
Mr. Saswata Gopal Mukherjee, Ld. PP.
Mr. Aniket Mitra
…for the State.
The petitioners seek anticipatory bail in connection with
Beharampore P.S. Case No. 554/2018 dated 22/05/18 under
Sections 498A/304B/34 of the Indian Penal Code read with
Sections 3/4 of Dowry Prohibition Act, 1961.
The petitioners are the mother of the husband of the
victim and a sister of such husband. The petitioners claim not to
have been associated with the incident that led to the unnatural
death of the victim.
The State relies on witness statements to the effect that
several members of the husband’s family poured kerosene on the
victim before setting her ablaze. However, such statements are
vague and general and it is not even apparent from the
statements as to whether the makers of such statements were
eye-witnesses to the incident.
The petitioners claim that the father-in-law and husband
of the victim, arrested earlier, have been granted bail.
Considering the material against the petitioners and the
extent of their involvement in the incident which led to the
unnatural death of the victim, there may not be any justification
for taking them into custody at this stage.
Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of
Criminal Procedure, 1973. In addition, the petitioners will attend
the trial on every day that the matter is fixed and any default on
the part of the petitioners will entitle the trial court to cancel the
bail without reference to this Court.
The petition for anticipatory bail is allowed on the
conditions indicated above.
Certified copies of this order be immediately made
available to the petitioners, subject to compliance with all
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)