C.R.M. 2795 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07.03.2019 in connection
with Rajapur P. S. Case No.47 of 2018 dated 20.08.2018 under
Sections 498A/304B/306/34 of the Indian Penal Code.
In the matter of : Astobala Bag Ors.
Mr. Debojyoti Deb,
Mr. Abhisek Banerjee.
…for the Petitioners.
Mr. Swapan Banerjee,
Ms. Purnima Ghosh.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that they are in-
laws of the victim housewife and have been falsely implicated in
the instant case. It is also submitted that the principal accused i.e.
the husband of the victim has been released on bail.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the victim committed suicide
within four years of marriage due to torture meted out to her.
We have considered the materials on record. We find that no
overt act is attributed to the petitioners and the allegations levelled
against them are general and omnibus in nature. Principal
accused has also been released on bail.
In view of the aforesaid facts, we are inclined to grant
anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the
petitioners viz., Astobala Bag, Kabita Bag and Jogomaya Roy shall
be released on bail upon furnishing a bond of Rs.10,000/- each
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 petitioners shall appear before the trial
court and pray for regular bail within a fortnight from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)