February 6, 2019
CRM 891 of 2019
In Re:- An application for bail under Section 438 of the Code of
Criminal Procedure filed on 16/1/2019 in connection with
Jalpaiguri Women Police Station case no. 133 of 2018 dated
30/12/2018 under Sections 498A/304(B)/34 of the Indian Penal
Code read with Sections 3/4 of the Dowry Prohibition Act.
In Re : Bidyut Sarkar ors.
Mr. Debasish Mukhopadhyay,
Ms. Madhushri Dutta Majumdar,
…..for the petitioners
Mr. Bijay Bikram Das,
… for the de-facto complainant.
Mr. Arijit Ganguly,
Mr. Avik Ghatak,
….for the State
It is submitted on behalf of the petitioner that the petitioner
no.1 is the maternal uncle-in-law of the victim housewife. The
petitioner no.2 is the wife of petitioner no.1 and petitioner no.3 is
the sister-in-law of the victim housewife.
Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the victim committed suicide
within six years of marriage due to torture meted out to her.
Having considered the materials on record and bearing in
mind the nature of allegations against the petitioners and in view of
the extent of their involvement in the alleged crime, we are inclined
to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/- each with two sureties of like amount each, to the
satisfaction of the Arresting Officer and also subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973.
The application for anticipatory bail is, accordingly, disposed
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)