C.R.M. 7553 of 2018
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 10/09/2018 in
connection with Sankrail P.S. Case No. 304/2018 dated
13/05/2018 under Sections 498A/304B/302/34 of the Indian
Penal Code and under Sections 3/4 Dowry Prohibition Act.
In the matter of: Dilruba Khatun Anr.
Ms. Sreyashee Biswas
…for the petitioners.
Mr. Swapan Banerjee
Ms. Purnima Ghosh
…for the State.
The petitioners seek anticipatory bail in connection with
Sankrail P.S. Case No. 304/2018 dated 13/05/2018 under
Sections 498A/304B/302/34 of the Indian Penal Code and
under Sections 3/4 Dowry Prohibition Act.
The petitioners are the father-in-law and the sister-in-law
of the victim who succumbed to her burn injuries some three
years after her marriage.
According to the petitioners, the husband and the mother-
in-law were arrested, but have later been enlarged on bail.
The State produces the case diary and refers to the
statements of the some of the witnesses to the effect that the
victim had been tortured by her in-laws in pursuance of their
demand for more dowry.
It also appears that some of the in-laws may have
threatened to burn the victim to death if their demands were not
However, considering that the husband and the mother-
in-law have been enlarged on bail and the extent of the
involvement of these petitioners, there does not appear to be any
need to take them into custody at the moment.
Accordingly, in the event of arrest, the petitioners are
directed to be released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of
Criminal Procedure, 1973. In addition, the petitioners will also
report to the Investigating Officer at such time and place as may
be specified by the concerned police officer.
The petition for anticipatory bail is allowed on the
conditions indicated above.
Certified copies of this order be immediately made available
to the petitioners, subject to compliance with all requisite
(Sanjib Banerjee, J.)
(Abhijit Gangopadhyay, J.)