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.
Usha Debnath and another
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
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
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
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. )