C. R. M. 10284 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 07.11.2019 in connection with Chakdaha Police Station Case No. 409
of 2019 dated 21.09.2019 under Sections 498A/Section306/Section34 of the Indian Penal Code.
In Re: Sujay Biswas Anr.
… … Petitioners
Ms. Minoti Gomes .. Advocate
… … for the petitioners
Mr. Sandip Chakraborty .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they are the step mother-in-law
and step brother-in-law respectively of the victim-housewife. It is further submitted that the
victim committed suicide eight years after marriage.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of
allegations in the light of the aforesaid submission made on behalf of the petitioners and
as statutory presumption under Section 113A of the Evidence Act is not attracted in the
facts of the present case, we are of the opinion that custodial interrogation of the
accused/petitioners may not be necessary in the facts of the present case and they may
be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Sujay Biswas (2) Sumitra Biswas, 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 they shall appear before the court below and pray for regular bail within four
weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)