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
In the matter of: Maya Mukherjee Anr.
Mr. Ankit Agarwala,
Ms. Alotriya Mukherjee
…For the Petitioners.
Mr. Rudradipta Nandy
…For the State.
Heard the learned advocate appearing for both the
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.
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
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)