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Papia Karmakar & Anr vs Unknown on 23 September, 2019

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CRM 8936 of 2019

In re: An application under Section 438 of the Code of Criminal Procedure filed
on 13.09.2019 in connection with Polba Police Station Case No.116/19 dated
06.08.2019 under Sections 498A/Section406/Section304B of the Indian Penal Code.

And

In the matter of: Papia Karmakar Anr.

Mr. U.S. Chattopadhya,
Mr. S. Maji,
Ms. Snigdha Saha.

…for the petitioner.

Ms. Faria Hossain,
Ms. Baisali Basu.

…….for the State.

Petitioners seeking anticipatory bail are the married sister in law and

father in law of the deceased victim, who suffered death committing suicide by

hanging.

Allegations are there against the petitioners that they subjected the victim

to cruelty over non-satisfaction of the post-marital demand and in consequence

thereof, she was put to oppression and ultimately, she committed suicide.

Learned Additional Public Prosecutor raises objection against the prayer

for anticipatory bail of the petitioners drawing our attention to the statement of the

witnesses including neighbours statement recorded under Section 161 and Section164

Cr.P.C. together with post-mortem report.
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Upon consideration of the materials already collected in the case diary

transpiring omnibus nature of statement made against the petitioners and bearing

in mind that the married sister-in-law has been residing in a separate house

elsewhere, away from the matrimonial home of the deceased, we are inclined to

grant anticipatory bail to the petitioners.

We, therefore, direct that in the event of arrest the petitioners shall be

released on bail upon furnishing bond of Rs.10,000/- with two sureties of

Rs.5,000/- each, one of whom must be local to the satisfaction of the Arresting

Officer and subject to the conditions under Section 438(2) of Code of Criminal

Procedure.

The application for anticipatory bail is, thus, allowed.

CRM 8936 of 2019 stands disposed of.

(Sahidullah Munshi, J.)

(Subhasis Dasgupta, J.)

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