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CRM/9010/2018 on 3 January, 2019

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3.1.2019
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Allowed
md.

CRM No. 9010 of 2018
Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 4th October, 2018.
In Re:-

Usha Debnath and another
… Petitioners

Mr. Manas Kumar Das
.. for the petitioners
Ms. Sreeparna Das
.. for the State
Mr. Prasenjit Debnath

.. for the de facto complainant

The petitioners seek anticipatory bail in connection with

Nabadwip Police Station Case No.404 of 2018 dated 16.09.2018

under Sections 498A/304B/34 of the Indian Penal Code.

The petitioners are the mother-in-law and sister-in-law of the

victim who was driven to take her life within five months of her

marriage.

The de facto complainant says that the sister-in-law-

petitioner resides at her paternal residence upon her having a

matrimonial dispute with her husband. It is the de facto

complainant’s case that the torture and ill-treatment meted out

by these petitioners were responsible for the victim taking her life.

The husband and the father-in-law of the victim remain

arrested.

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The charge-sheet has been filed.

The State says that there are witness statement to the effect

that the victim was constantly subjected to ill-treatment and

demands for dowry were regularly made. However, such material

may not justify the custodial interrogation of these petitioners,

particularly since one of the conditions imposed is that the

petitioners have to attend the trial and failure to do so may result

in the cancellation of bail.

In the circumstances, these petitioners are entitled to

anticipatory bail.

In the event of arrest, the petitioners will be granted bail

upon furnishing security 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 fixed and any default

on the petitioners’ part will entitle the trial court to cancel the bail

without further reference to this Court.

C.R.M. 9010 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.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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