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
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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.)