From Monthly List
CRM No. 11416 of 2018
Re:- An application for anticipatory bail under Section
438 of the Code of Criminal Procedure filed on 11th
Subal Ghosh and another
Mr. Kallol Kr. Basu,
Mr. Rahul Haldar
.. for the petitioners
Mr. Swapan Banerjee,
Mrs. Purnima Ghosh
.. for the State
The petitioners seek anticipatory bail in connection with
Basirhat Police Station Case No.379 dated 27.07.2018 under
Sections 498A/306/304B/34 of the Indian Penal Code.
The petitioners are the parents-in-law of the victim who
apparently committed suicide by setting herself on fire after
pouring kerosene on her body.
The State produces the case diary and says that there is
a dying declaration to such effect. Though there may be
allegations of ill-treatment of the victim at the matrimonial
home, since these petitioners do not appear to be involved in
the incident which led to the unnatural death of the victim,
there may not be any need for the petitioners to be taken into
custody at this stage.
In the event of arrest, the petitioners will be granted bail
upon furnishing a bond 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. 11416 of 2018 is allowed as above.
A certified copy of this order be immediately made
available to the petitioners subject to compliance with all
(Suvra Ghosh, J.) (Sanjib Banerjee, J. )