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Judgments of Supreme Court of India and High Courts

Heerabati Chowdhury vs Unknown on 7 April, 2017



Item No.19
SB C.R.M. 2454 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 24.03.2017.

In the matter of : Heerabati Chowdhury
…. petitioner.

Mr. Asif Iqbal
…for the petitioner.

Mr. Saswata Gopal Mukherjee,
Mr. Arabinda Manna
…for the State.

Apprehending arrest in course of investigation of Berhampore

P.S. F.I.R. No. 1008/2016 dated 17.10.2016 under Sections

498A/306/34 of the Indian Penal Code, the petitioner (mother-in-

law of the victim) has applied for anticipatory bail.

It is submitted by Mr. Iqbal, learned advocate appearing for

the petitioner that she has been falsely implicated. It is also

submitted that upon completion of investigation, police report

under Section 173(2) of the Code of Criminal Procedure (charge-

sheet) has already been submitted before the relevant magistrate.

Mr. Manna, learned advocate appearing for the State has

produced the case diary.


We have perused the materials in the case diary and the

statement of the witness recorded under Section 161 of the Code

of Criminal Procedure.

Having considered the materials in the case diary and

considering the fact that the husband of the victim has been

enlarged on bail, we are of the view that curtailment of the

petitioner’s liberty, on facts and in the circumstances, is not

necessary and that this is a fit and proper case for making

direction, as prayed for.

Accordingly, C.R.M. 2454 of 2017 stands allowed with the

direction that in the event of arrest, the petitioner shall be released

on bail upon furnishing bond of Rs.5,000/- (Rupees Five

Thousand) each, with two sureties of like amount each, one of

whom must be local, to the satisfaction of the Court below.

(Dipankar Datta, J.)

(Sahidullah Munshi, J.)

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