CRM No. 11191 of 2018
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 7th December, 2018.
Nivarani Das and others
Mr. Angshuman Chakraborty
.. for the petitioners
Mr. Rudradipta Nandy
.. for the State
The petitioners seek anticipatory bail in connection with Santipur
Police Station Case No.431/2018 dated 8.10.2018 under Sections
498A/304(B)/34 of the Indian Penal Code.
The petitioners are the close relatives of the husband of the victim
who was found hanging within nine months of her marriage. The
husband apparently remains arrested.
The petitioners claim that the thrust of the allegations is against the
husband of victim and the petitioners had no role to play in the incident
which led to the unnatural death of the victim.
The State refers to some of the statements of the local witnesses.
There are omnibus allegations of torture and demand for dowry, but
none of the statements refer to the incident which led to the death of
the victim or the present petitioners’ involvement therein.
Considering such material, there is no need to take the petitioners
into custody at this stage as long as they cooperate with the
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) 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 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. 11191 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. )