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Judgments of Supreme Court of India and High Courts

Maya Mukherjee & Anr vs Unknown on 27 June, 2019

1

27.06.2019

SL No.163
AP
CRM 5245 of 2019

In Re: – An application for anticipatory bail under Section 438
of the Code of Criminal Procedure filed on 19.06.2019 in
connection with Khardah P.S. Case No. 334 of 2019 dated
23rd April, 2019 under Sections 498A/Section306 of the Indian
Penal Code.

And

In the matter of: Maya Mukherjee Anr.

….Petitioners.

Mr. Ankit Agarwala,
Ms. Alotriya Mukherjee
…For the Petitioners.

Mr. Rudradipta Nandy
…For the State.

Heard the learned advocate appearing for both the

parties.

It is submitted on behalf of the petitioners being the

mother-in-law and brother-in-law respectively of the victim

housewife are on the same footing with the co-accused, Babita

Acharjee, who has been granted anticipatory bail by a

coordinate bench of this Court and the husband of the victim

is on regular bail.

Learned counsel appearing on behalf of the State

opposes the prayer for anticipatory bail and submits that the

victim housewife suffered brutal injuries and died within a

year of her marriage.

2

We have considered the materials in the case diary and

find that the petitioners were residing with the victim

housewife who suffered brutal injuries and died within a year

of her marriage. Co-accused Babita Acharjee, a married sister-

in-law, did not live in the shared household with the victim

housewife and cannot be said stand on the same footing with

the petitioners in the present case.

Having considered the materials on record particularly

the fact that the victim appears to have suffered homicidal

death within one year of her marriage and the petitioners

therein are residing with the victim housewife in the shared

household, we are not inclined to grant anticipatory bail to the

petitioners.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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