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Indian Penal Code vs In Re: Jagadish Barui & Ors on 10 April, 2019

1

10.04.2019
72

sdas
Partly
allowed

C. R. M. No. 3969 of 2019

In Re.: An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 02.04.2019 in connection with
Bongaon Police Station Case No. 1003 of 2018 dated 27.12.2018 under
Sections 498A/302/34 of the Indian Penal Code and subsequently
charge sheet was submitted under Sections 498A/306/34 of the
Indian Penal Code.

And
In Re: Jagadish Barui Ors. …….. petitioners

Mr. Rajdeep Mazumder,
Mr. Pritam Roy,
Mr. Kriti Mehrotra
…for the petitioners

Mr. Rudradipta Nandy
…. for the State

It is submitted by the learned Counsel appearing for 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. 4 is the married sister-in-law of the victim housewife and

used to reside separately from the couple.

Learned Counsel appearing for the State opposes prayer for

anticipatory bail and submits that the victim housewife committed

suicide due to torture within ten months of marriage at her

matrimonial home.

Having considered the materials in the case diary and bearing

in mind the prima facie involvement of the petitioner nos. 1,2 and 3 in

subjecting the victim housewife to torture resulting in her unnatural
2

death within ten months of marriage, we are not inclined to grant

anticipatory bail to them.

Accordingly application for anticipatory bail so far as petitioner

nos. 1,2 and 3 concerned is rejected.

However, in view of the fact that petitioner no. 4 is the married

sister-in-law of the victim housewife and resided separately during the

matrimonial life of the victim housewife, we are inclined to grant

anticipatory bail to her.

Accordingly, we direct that in the event of arrest the petitioner

no. 4 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 she shall appear before the court below and pray

for regular bail within a period of fortnight from date.

Accordingly application for anticipatory bail so far as petitioner

no. 4 concerned is allowed.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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