C.R.M. 11416 of 2019
In Re.: An application under Section 438 of the Code of Criminal
Procedure filed on 03.12.2019 in connection with Pandua Police Station
Case No. 85 of 2019 dated 26.03.2019 under Sections 498A/Section406 of the
Indian Penal Code read with Sections 3/Section4 of the Dowry Prohibition Act.
In Re : Jahanara Bibi Anr. ….. petitioners
Mr. Arunava Ganguly
… for the petitioners
Ms. Kum Kum Mitra
… for the State
Liberty is granted to amend the cause title.
It is submitted by the learned Counsel appearing for the
petitioners that they have been falsely implicated in the instant case.
F.I.R. was belatedly registered. It is also submitted that the petitioners
are mother-in-law and brother-in-law respectively of the victim housewife.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail and submits that the victim was tortured by the
husband and other in-laws including petitioners on the ground that she
was of dark complexion and on demands of dowry.
Having considered the materials on record prima facie disclosing
involvement of petitioner no. 1 in torturing the victim housewife which
compelled her to commit suicide, we are of the opinion that custodial
interrogation of petitioner no. 1 is necessary and this is not a fit case in
granting anticipatory bail to her.
The application for anticipatory bail in so far as petitioner no. 1
concerned is, thus, rejected.
However, keeping in mind the extent of complicity of the petitioner
no. 2 in the alleged crime, we are inclined to grant anticipatory bail to
Accordingly, we direct that in the event of arrest the petitioner no. 2
shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further condition that he shall
appear before the court below and pray for regular bail within a period of
four weeks from date.
Accordingly application for anticipatory bail is allowed so far as
petitioner no. 2 is concerned.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)