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CRM/11416/2018 on 8 January, 2019


From Monthly List
Dated 7.1.2019

CRM No. 11416 of 2018
Re:- An application for anticipatory bail under Section
438 of the Code of Criminal Procedure filed on 11th
December. 2018.

In Re:-

Subal Ghosh and another
… Petitioners

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

requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )


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