August 7, 2018.
CRM 5703 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Mitun Das Saha @ Mitun Saha (Das)
The State of West Bengal
Mr Prabir Kumar Mitra
Mr Pinak Kumar Mitra
Ms Subhanwita Ghosh
… for the petitioner.
Mr Krishnendu Bhattacharya
Mr Tapodip Gupta
… for the defacto complainant.
Mr Saswata Gopal Mukherjee
Ms Sreeparna Das
… for the State.
The petitioner seeks anticipatory bail in connection with
Bhatar Police Station Case No.57 of 2018 dated March 1, 2018
under Sections 498A/302/34 of the Indian Penal Code and Sections
3/4 of the Dowry Prohibition Act.
The petitioner is the married sister of the husband of the
victim. The victim died some 13 years after her marriage. The
charge against the petitioner herein is primarily the one under
Section 498A of the Indian Penal Code.
Considering the extent of the petitioner’s involvement in the
incident which led to the death of the victim, it does not appear
necessary for the petitioner to be taken into custody.
Accordingly, in the event of arrest, the petitioner is directed to
be released on bail upon furnishing bonds 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 also report to the investigating officer at
such time and place as may be specified by the concerned police
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to
the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Abhijit Gangopadhyay, J. )