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10.1.2019
(10)
Allowed
md.
CRM No. 11053 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 5th December, 2018.
In Re:-
Santi Sarkar
… Petitioner
Mr. Anirban Banerjee,
Ms. Madhushri Dutta Majumder
.. for the petitioner
Mr. Rana Mukherejee,
Mr. Santanu Chatterjee
.. for the State
Mrs. Debjani Sahu
.. for the de facto complainant
The petitioner seeks anticipatory bail in connection with
Pundibari Police Station Case No.123 of 2018 dated 12.05.2018
under Sections 498A/304B of the Indian Penal Code.
The petitioner is the mother-in-law of the victim and claims not to
have been involved in the incident which led to the unnatural death
of the victim within a few years of her marriage.
Upon the Court being informed that the victim had left behind a
girl child who is now about seven months old, the de facto
complainant was required to be given notice. The de facto
complainant, the father of the victim, is represented and is also
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present in Court and he says that he will apply before the appropriate
forum to obtain the custody of the girl child.
The State produces the case diary and refers to the statements of
neighbours which contain general and omnibus allegations
pertaining to the ill-treatment of the victim at the matrimonial home,
but there is no specific material pertaining to the incident which led
to the unnatural death of the victim.
In the circumstances, the petitioner is entitled to anticipatory
bail.
In the event of arrest, the petitioner will be granted bail upon
furnishing a bond of Rs.10,000/- (Rupees ten thousand only) 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 as laid down in Section 438 (2) of the Code
of Criminal Procedure, 1973. In addition, the petitioner will also
report to the Investigating Officer at such time and place as may be
specified by the concerned police officer, till the investigation is
completed.
C.R.M. 11053 of 2018 is allowed as above.
A certified copy of this order be immediately made available to
the petitioners subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. )
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