C.R.M. 190 of 2019
In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07.01.2019 in connection with
Bhabanipur P.S. Case No. 221 of 2018 dated 06.11.2018 under Sections
498A/304B of the Indian Penal Code.
In the matter of : Somena Bibi @ Soumen Bibi Anr.
… … petitioners
Mr. Deep Chaim Kabir,
Mr. Mazhar Hossain Chowdhury
… … for the petitioners
Mr. Swapan Banerjee,
Ms. Sima Biswas
… … for the State
The petitioners seek anticipatory bail in connection with Bhabanipur
P.S. Case No. 221 of 2018 dated 06.11.2018 under Sections 498A/304B of
the Indian Penal Code.
The petitioners are the mother and the sister of the husband of the
victim who apparently committed suicide five years after her marriage. The
petitioners claim that the financial difficulties of the married couple may
have driven the victim to commit suicide.
The State relies on the post-mortem report to suggest that there are
signs that the victim may have been tortured before her death.
Considering the post-mortem report and the conclusive opinion
evident therefrom, there may not be any need to take the petitioners into
custody at this stage.
In the event of arrest, the petitioners will be granted 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 as laid down in Section 438(2) of the Code of Criminal
Procedure, 1973. In addition, the petitioners are directed to meet the
investigating officer at such time and place as may be specified by the
concerned police officer, till the investigation is completed.
The petition for anticipatory bail is allowed subject to the conditions
as indicated above.
Certified copies of this order be immediately made available to the
petitioners, subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J.)