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97 01.04.2019
rkd Ct. No.28 C.R.M. 3653 of 2019
(Allowed)
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 28/03/2019 in
connection with Ketugram P.S. Case No. 283 of 2018 dated
17/11/2018 under Sections 498A/304B/34 of the Indian Penal
Code.
And
In the matter of: Dilip Kumar Saha Ors.
….petitioners.
Mr. S. Chakraborty
…for the petitioners.
Mr. B. K. Roy,
Mr. R. Datta
…for the State.
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.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail.
We have considered the materials on record including the
statement of one Asha Saha, mother of the victim housewife
wherein it is stated that the victim made an oral dying
declaration to her that she had been set her on fire by her
mother-in-law who is presently on regular bail. In view of the
aforesaid facts and the extent of complicity of the petitioners in
the alleged crime, we are inclined to grant anticipatory bail to the
petitioners.
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 be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on
condition that they shall appear before the court below and pray
for regular bail within a fortnight from date.
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The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)