AB Court 28 C.R.M. 1403 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Kalna P.S.
Case No.580 of 2018 dated 5.11.2018 under Sections 498A/302
34 of the Indian Penal Code
In the matter of : Manju Keshari Pal
@ Muktakeshari Pal Others
Mr. Debabrata Roy,
Mr. T. C. Mukherjee …for the Petitioners.
Mr. Swapan Banerjee,
Ms. Purnima Ghosh …for the State.
It is submitted on behalf of the petitioners that the
victim committed suicide ten years after her marriage. It is
further submitted that they are the in-laws of the victim
housewife and have been falsely implicated in the instant case.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
We have considered the materials on record and we find
that the victim committed suicide ten years after her marriage.
The statutory presumptions under Sections 113A/113B of the
Evidence Act are not attracted in the facts of the case.
Allegations against the petitioners are also general and omnibus
in nature. Under such circumstances, we are inclined to grant
anticipatory bail to them.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) each 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 the petitioners shall appear before the court
below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)