C.R.M. 1656 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.02.2019 in connection
with Santipur P. S. Case No.2 of 2019 dated 02.01.2019 under
Sections 498A/304(B)/34 of the Indian Penal Code.
In the matter of : Manjurani Nath Anr.
Mrs. Karabi Roy.
…for the Petitioners.
Mr. Rana Mukherjee,
Ms. Sukanya Bhattacharyya.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that they are in
laws of the victim housewife and that they have been falsely
implicated in the instant case. It is further submitted that the
principal accused was arrested and released on bail.
Learned advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the victim committed suicide
within six months of her marriage.
We have considered the materials on record. We have also
noted the statements recorded under Section 164 of the Code of
Criminal Procedure wherein the allegations against the petitioners
are general and omnibus in nature.
In view of the aforesaid facts, we are of the opinion that
custodial interrogation of the petitioners may not be necessary and
they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners viz., Manjurani Nath and Uttam Nath shall be released
on bail upon furnishing a bond of Rs.10,000/- each with two
sureties of like amount each to the satisfaction of the arresting
officer and subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on further
condition that the petitioner no.2 shall meet the investigating
officer once in a week until further orders.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)