C.R.M. 11372 of 2018
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12/12/2018 in
connection with Purbasthali P.S. Case No. 206/2018 dated
23/06/2018 under Sections 498A/304B/302/34 of the Indian
In the matter of: Babulal Sk. Ors.
Mr. Debasish Chatterjee
Ms. Kakali Chatterjee
…for the petitioners.
Mr. Saibal Bapuli
Mr. Bibaswan Bhattacharya
…for the State.
The petitioners seek anticipatory bail in connection with
Purbasthali P.S. Case No. 206/2018 dated 23/06/2018 under
Sections 498A/304B/302/34 of the Indian Penal Code.
The State produces the document said to be the dying
The victim succumbed to her burn injuries about three
years after her marriage.
Though the dying declaration does not refer to the
petitioner nos.4 and 5, the statement refers to the petitioner nos.
1, 2 and 3 and to the husband of the victim.
The State says that the charge-sheet has been filed.
Ordinarily, the petitioner nos. 1,2 and 3 would not be
entitled to anticipatory bail, but the charge-sheet has already
been filed. At this stage, there may not be any use to take any of
the petitioners into custody. However, the petitioner nos. 1, 2
and 3 will not leave the State without obtaining the prior
permission of the trial court.
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.
A certified copy of this order be immediately made
available to the petitioners, subject to compliance with all
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)