rkd Ct. No.28 C.R.M. 2179 of 2020
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 27/02/2020 in
connection with Nimta P.S. Case No. 552 of 2019 dated
10/12/2019 under Section 498A/302/34 of the Indian Penal
In the matter of: Biren Biswas Ors.
Mr. S. Chowdhury
…for the petitioners.
Mr. Saswata Gopal Mukherjee, P.P.,
Mr. S. Chatterjee
…for the State.
It is submitted on behalf of the petitioners that they are
the in-laws of the victim housewife and the incident occurred 10
years after marriage.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that the victim
housewife was tortured and committed suicide by jumping in
front of a moving train.
Having considered the materials in the case diary and
bearing in mind the general and omnibus nature of allegations in
the light of the submission that the incident occurred 10 years
after marriage and as the statutory presumption under Section
113 A of the Evidence Act is not attracted to the facts of the case,
we are inclined to grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners 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 also be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973.
Petitioners shall appear before the Investigating Officer
and hand over their passports, if any, within four weeks from
date. In the event they do not have passports, they shall
personally appear before the Investigating Officer and furnish
affidavits to that effect within the time frame mentioned
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)