July 24, 2018.
CRM 5126 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Iyarun Bibi and another
The State of West Bengal
Mr Somnath Banerjee
Mr Pronojit Roy
… for the petitioners.
Mr Saswata Gopal Mukherjee
Mr R. Nandy
… for the State.
The petitioners seek anticipatory bail in connection with
Labpur Police Station Case No.30 of 2018 dated March 12, 2018
under Sections 498A/302/304/34 of the Indian Penal Code and
Sections 3/4 of the D.P. Act.
The petitioners are the mother-in-law and the grandmother-in-
law, respectively, of the victim who succumbed to her burn injuries
roughly about a year after her marriage. There are statements
appearing in the case diary attributed to the neighbours who claim
to have seen the grandmother-in-law and the husband of the victim
pouring kerosene over her before setting the victim ablaze.
The husband is in custody.
Considering the material on record and, in particular, the
statements attributed to the local witnesses, it does not appear that
any serious case has been made out against the first petitioner
mother-in-law. However, since witness statements are on record
alleging the second petitioner herein to have been directly involved
in the incident, the prayer of the second petitioner is refused.
Accordingly, in the event of arrest, the petitioner no.1 is
directed to be released on bail upon furnishing a bond 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 Investigating Officer, subject to
the conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973. In addition, the petitioners will also report to the
Investigating Officer at such time and place as may be specified by
the concerned police officer.
CRM 5126 of 2018 is disposed of on the conditions indicated
A certified copy of this order be immediately made available to
the petitioners, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Abhijit Gangopadhyay, J. )