C. R. M. 2241 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 Berhampore Police Station Case No.
1357 of 2019 dated 29.10.2019 under Sections 498A/302/304B/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.
In Re: Shyamal Talukdar Anr.
… … Petitioners
Ms. Minoti Gomes .. Advocate
… … for the petitioners
Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
Petitioner no.1 is the father-in-law and petitioner no.2 is the married sister-in-law
of the victim-housewife. It is submitted on behalf of the petitioners that the present case
has been initiated after five years of marriage. It is further submitted that the allegations
are principally against the husband and the mother-in-law of the victim-housewife.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the extent of
complicity of the petitioners in the alleged crime, 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) Shyamal Talukdar (2) Anita Biswas, 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. 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
The application for anticipatory bail is, thus, disposed of.
(Tirthankar Ghosh, J.) (Joymalya Bagchi, J.)