C. R. M. 5836 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 05.07.2019 in connection with Kaliachak Police Station Case No. 61 of
2019 dated 24.01.2019 under Sections 498A/Section304B/Section34 of the Indian Penal Code. (G.R.
Case No. 346 of 2019)
In Re: Tithi Mandal Anr.
… … Petitioners
Ms. Minoti Gomes .. Advocate
… … for the petitioners
Mr. Swapan Banerjee .. Advocate
Mr. Suman De .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that petitioner no.1 is the married
sister-in-law of the victim-housewife and petitioner no.2 is her husband. It is further
submitted that they do not reside at the matrimonial home of the victim-housewife.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the victim-housewife died due to strangulation within three months of
We have considered the materials on record. There is no material to show that
the petitioners were present at the matrimonial home on the fateful day. Keeping in mind
the extent of complicity of the petitioners particularly in the light of the submission that
they do not ordinarily reside in the matrimonial home of the victim-housewife who suffered
death due to strangulation, we are of the opinion that custodial interrogation of the
accused/petitioners may not be necessary in the facts of the present case and they may
be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Tithi Mandal (2) Sujit Mandal be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten thousand only) 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 and on further condition
that they shall appear before the court below and pray for regular bail within four weeks
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)