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20.09.2018
Item no. 64
Ct. No.34
CHC
Allowed
C.R.M. No.7343 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 06.09.2018 in connection
with Chanchal Police Station Case No. 193/18 dated 10.04.2018
for alleged offence punishable under Sections 498A/306/34 of the
Indian Penal Code.
And
In Re:-
Santosh Sinha
… Petitioner
Mr. Milon Mukherjee, Sr. Advocate
Mr. Usof Ali Dewan, Advocate
Mr. Arup Sarkar, Advocate
.. for the petitioner
Mr. Arijit Ganguly, Advocate
Mr. Sanjib Kumar Dan, Advocate
..for the State
The petitioner seeks anticipatory bail in connection with
Chanchal Police Station Case No. 193/18 dated 10.04.2018 for
alleged offence punishable under Sections 498A/306/34 of the
Indian Penal Code.
The petitioner is the husband of the victim who committed
suicide within two months of her marriage.
Though the State claims that there is material to show that the
victim was driven to commit suicide because of demand of dowry
and the treatment at the in-laws’, it is evident that the victim was
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at her paternal residence when she committed suicide and the
petitioning husband may not have been present at the place of
occurrence.
Considering the material against the petitioner in the incident
leading to the death of the victim, there may not be any need to
take the petitioner into custody.
Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing a security of Rs.10,000/- (Rupees ten
thousand only, 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 as
laid down in Section 438 (2) of the Code of Criminal Procedure,
1973. In addition, the petitioner 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 subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)
