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Archana Sarkar Jana @ Archana vs Unknown on 25 July, 2018

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2 25.7.2018

C.R.M. 5147 of 2018

In Re: – An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure filed on
19/07/2018 in connection with Berhampore P.S. No.
1247 of 2017 dated 15/10/2017 under Sections
gd 498A/304B/34 of the Indian Penal Code and Sections
3/4 of the Dowry Prohibition Act.

And

In the matter of: Archana Sarkar Jana @ Archana
Sarkar.

….petitioner.

Mr. Sabir Ahmed
Mr. Somnath Adhikary
…for the petitioner.

Mr. Saibal Bapuli
Mr. B. Bhattacharya
…for the State.

The petitioner seeks anticipatory bail in connection with

Berhampore P.S. No. 1247 of 2017 dated 15/10/2017 under

Sections 498A/304B/34 of the Indian Penal Code and Sections

3/4 of the Dowry Prohibition Act.

The petitioner is the mother-in-law of the deceased who

committed suicide on October 13, 2017.

The State opposes the prayer and refers to the dying

declaration said to have being made by the deceased to the effect

that she could not bear the torture inflicted upon her by the

family of her husband and was, thus, compelled to pour kerosene

on herself and set herself on her fire.

The petitioner claims that the guardians on the father’s

side of the deceased took the deceased away from her marital

home about a month prior to the deceased committing suicide.

Considering the material on record and even some of the

statements attributed to local witnesses of the ill-treatment of the

deceased at her matrimonial home, it does not appear necessary

that the petitioner should be taken into custody for any purpose.
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