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Judgments of Supreme Court of India and High Courts

CRM/11754/2018 on 9 January, 2019

1

283.
09-01-2019

allowed
debajyoti
CRM No.11754 of 2018

In re : Sk. Saidul Anr.

….. Petitioners.

Mr. Suman De
….. For the Petitioners.

Mr. Arijit Ganguly,
Mr. Avik Ghatak
….. For the State.

The petitioners seek anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with
Sutahata Police Station Case No.181 of 2018 dated 31-05-
2018 under
Sections 498A/304B/34 of the Indian Penal
Code.

The petitioners are the parents-in-law of the victim who
is perceived to have committed suicide. The petitioners say
that initially the case was received under
Section 304B of the
Penal Code; but upon the charge-sheet being filed, the
appropriate provision indicated is
Section 306 of the Penal
Code.

The State refers to some of the local witnesses’
statements. The charges are general and omnibus as against
these petitioners. The husband was arrested; but has since
been enlarged on bail.

Considering such material, there is no need to take the
petitioners into custody at this stage.

2

Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing bonds 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 attend the trial on every
day that the matter is fixed and any default on the part of the
petitioners will entitle the trial court to cancel the bail without
reference to this Court.

The petition for anticipatory bail is allowed subject to the
conditions as indicated above.

Certified copies 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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