CRM No. 11124 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 6th December, 2018.
Shrabanti Das and another
Mr. Suman Chakraborty
.. for the petitioners
Mr. Bidyut Kr. Roy,
Mr. Arabinda Manna
.. for the State
The petitioners seek anticipatory bail in connection with Onda
Police Station Case No.114 of 2018 dated 07.1`0.2018 under Sections
498A/304B/34 of the Indian Penal Code and Sections 3 /4 of the
Dowry Prohibition Act.
The petitioners are the brother and the married sister, respectively,
of the husband of the victim.
The petitioners say that the husband of the victim is in custody.
The State produces the case diary and refers to the witness
statements recorded under Section 161 of the Code to the effect that
the victim was subjected to constant torture and brutality. However, it
appears that the victim died of burn injuries, but no opinion is
expressed in the post-mortem report as to whether the burn was self-
inflicted or homicidal in nature. There does not appear to be any
witness to the incident which led to the unnatural death of the victim.
Considering the material against the petitioners, their custodial
interrogation does not appear to be necessary.
Accordingly, in the event of arrest, the petitioners will be granted
bail upon furnishing security of Rs.10,000/- (Rupees ten thousand
only) each, with two sureties of Rs. 5,000/- (Rupees five thousand only)
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 petitioners 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. 11124 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.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )