63 13.03.2019 C.R.M. 2670 of 2019
Aloke Court 28
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 06.03.2019 in connection with
Junput Coastal P.S. Case No.81 of 2018 dated 06.12.2018 under
Sections 498A/304B/34 of the Indian Penal Code read with Sections
3/4 of the Dowry Prohibition Act.
In the matter of: Debdulal Patra Anr.
Mr. Amitabha Karmakar
Mr. Arup Kr. Bhowmick
… for the petitioners
Mr. Swapan Banerjee
Ms. Purnima Ghosh
… for the State
Mr. Navnil De
Partly Mr. R. Chakraborty
Allowed … for the de facto complainant
It is submitted on behalf of the petitioners that they are the
in-laws of the victim-housewife and have been falsely implicated in the
instant case. It is further submitted that petitioner no. 2 is the sister-
in-law of the victim-housewife and has 6 year old child and has been
falsely implicated in the instant case.
Learned counsel for the State opposes the prayer for
anticipatory bail and submits that victim committed suicide within 12
days of marriage as dowry was demanded for the business of the
husband and other family members.
Learned counsel for the de facto complainant also opposes the
prayer for anticipatory bail and submits that the prayer for
anticipatory bail of father-in-law and mother-in-law of the victim-
housewife have been turned down by this Court.
We have considered the materials on record. We find that the
victim committed suicide within 12 days of marriage due to torture for
non-payment of dowry for commencement of business of the husband
and other family members. We note that the husband has been
released on regular bail. Although, petitioner no. 1, brother-in-law of
the victim-housewife may have interest in the business for which the
dowry was demanded, there is nothing on record to show that
petitioner no. 2, wife of petitioner no. 1 had played any role in the said
business wherein dowry had been demanded. That apart, petitioner
no. 2 is a lady who has a 6 year old child. Hence, we are of the opinion
she does not stand on the same footing with the co-accuseds whose
prayer for anticipatory bail had been rejected. Her prayer for
anticipatory bail may be granted but we are not inclined to grant bail
to petitioner no. 1 in the alleged crime.
Accordingly, we direct that in the event of arrest, the
petitioner no. 2 shall be released on bail upon furnishing bond of
Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like
amount each, to the satisfaction of the arresting officer and also be
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and she shall appear before the
court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail of petitioner no. 2 is,
The application for anticipatory bail of petitioner no. 1 is,
Urgent Photostat Certified copy of this order, if applied for, be
supplied expeditiously after complying with all necessary legal
(Manojit Mandal, J.) (Joymalya Bagchi, J.)