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Jaba Saha vs The State Of West Bengal on 11 January, 2019


Serial No.29.

January 11, 2019.

CRM 174 of 2019

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Jaba Saha


The State of West Bengal

Mr Debajyoti Basu
Mr Anuran Samanta
… for the petitioner.

Mr Ranabir Roy Chowdhury
Mr Shiladitya Banerjee
… for the State.

Mr Sabir Ahmed
Mr Hillol Saha Podder.

… for the defacto complainant.

The petitioner seeks anticipatory bail in connection with New
Barrackpore Police Station Case No.266 of 2018 dated October 25,
2018 under Sections 498A, 326, 307, 34 of the Indian Penal Code
and adding Section 304/B of Indian Penal Code along with Sections
3, 4 of Dowry Prohibition Act.

The petitioner claims not to have been involved in the
matrimonial life of the victim or associated with the incident that
led to the victim’s unnatural death.

The State says that a dying declaration was recorded by the
police where no one was blamed by the victim, but a statement was
made by the victim’s mother under Section 164 of the Code to the

effect that the victim had alleged that her mother-in-law and the
present petitioner were present at the time of the incident and it
was the husband of the victim who set her on fire.

Considering the fact that the charge against the petitioner
hinges only on the alleged statement of the victim as reported by
her mother or a subsequent similar statement as reported by the
sister of the victim, there may not be any need to take the petitioner
into custody as long as she cooperates with the investigation.

Accordingly, in the event of arrest, the petitioner 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 arresting officer, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973. In
addition, the petitioner will report to the investigating officer at such
time and place as may be specified by the concerned police officer,
till the investigation is completed.

The petition for anticipatory bail is allowed on the conditions
indicated above.

A certified copy of this order be immediately made available to
the petitioner, subject to compliance with all requisite formalities.

( Sanjib Banerjee, J. )

( Suvra Ghosh, J. )

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