C.R.M. 4848 of 2019
Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.
In re : 1. Baneswar Singha
2. Sumitra Singha @ Bulti Singha……….petitioners
Mr. Amitabha Karmakar
Mr. Arup Kr. Bhowmick …….for the petitioners
Mr. S. Bhattacharya
Mr. Arindam Sen…….for the State
The petitioners (victim’s brother-in-law and his wife) apprehend
arrest in course of investigation of Moyna Police Station F.I.R. No. 204 of 2018
dated 14.07.2018 under Sectionsections 498A/Section306/Section34 of the Indian Penal Code;
hence, they have presented this application for a direction that in the event of
such arrest, they may be released on bail.
We have heard learned advocates for the parties and perused the
materials in the case diary. It appears that the husband of the victim was
arrested and is presently on bail. It also appears that upon completion of
investigation police report under Sectionsection 173(2) of the Code of Criminal
Procedure, 1973 (charge-sheet) has been filed before the relevant magistrate.
The victim survived for seven days after she attempted to commit suicide but
during that period no dying declaration was obtained.
In view of the above, we are of the considered opinion that personal
liberty of the petitioners need not be curtailed at this stage and that it is a fit
and proper case for making direction, as prayed for.
Accordingly, it is directed that in the event of arrest, the petitioners
shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five
Thousand) each with two sureties of like amount each one of whom must be
local, to the satisfaction of the court below.
The application is, thus, disposed of.
(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)