ss Partly Allowed
C.R.M. 10703 of 2019
In the matter of : An application for anticipatory bail under Sectionsection 438 of
the Code of Criminal Procedure filed on 18.11.2019 in connection with
Debra P.S. Case No. 503 of 2019 dated 11.09.2019 under Sectionsections
498A/Section323/Section325/Section379/Section506/Section34 of the Indian Penal Code and Sectionsections 3/Section4 of
the Dowry Prohibition Act.
In the matter of : Sankar Sarkar Anr.
Mr. Aditya Kr. Dey
… … for the petitioners
Mr. Nirupam Dhali
… … for the State
It is submitted on behalf of the petitioners that they have been falsely
implicated in the instant case. It is further submitted that petitioner no. 2
is not a relation of the husband of the de facto complainant wife.
Learned counsel appearing for the State opposes the prayer for
anticipatory bail and submits that petitioner no. 1 assaulted his mother-
in-law resulting in injuries on her left ear.
Having considered the materials on record prima facie disclosing
involvement of the petitioner no. 1 in torturing the de facto complainant
wife and assaulting his mother-in-law resulting in injuries which is
supported by medical evidence, we are not inclined to grant anticipatory
bail to him.
However, keeping in mind the extent of complicity of the petitioner
no. 2 in the alleged crime in the light of the aforesaid submission made on
behalf of the petitioners, we are inclined to grant anticipatory bail to her.
Accordingly, we direct in the event of arrest the petitioner no. 2 shall
be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten
thousand only), with two sureties of like amount each, to the satisfaction of
the arresting officer and 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 no. 2 shall appear before the Court below and
pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, partly allowed.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)