C.R.M. 5100 of 2019
Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.
In re : 1. Madan Mandal
2. Avarani Mondal @ Mondal Avarani
3. Bhagyadhar Mondal
4. Sumana Mondal……..petitioners
Mr. Abdul Aziz Mondal …….for the petitioners
Mr. Tanmoy Kr. Ghosh
Mr. Arabinda Manna…….for the State
Leave is granted to the learned advocate for the petitioners to correct
the cause title of the application.
Apprehending arrest in course of investigation of Beldanga Police
Station F.I.R. No. 525 of 2018 dated 22.11.2018 under Sectionsections 498A/Section304B of
the Indian Penal Code, the petitioners (victim’s parents-in-law, brother-in-law
and sister-in-law) have applied for anticipatory bail.
We have heard learned advocates for the parties and perused the
materials in the case diary. From the various statements of witnesses recorded
under Sectionsection 161 of the Code of Criminal Procedure, 1973 (hereafter the
‘SectionCr.P.C.’), we find that the petitioners actively assisted in torturing the victim;
however, apart from such accusation, no particular overt act has been
attributed to any one of them. We have also been informed that the husband of
the victim, the principal accused, is still in custody.
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 arresting officer and also subject to the
conditions laid down in sub-section (2) of Section 438 of the Cr.P.C.
The application is, thus, disposed of.
(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)