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Judgments of Supreme Court of India and High Courts

CRM/11053/2018 on 10 January, 2019

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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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