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Puspa Sarkar & Ors vs Unknown on 28 August, 2019

1

28.08.2019

Item no. 15
Ct. No.32
CHC
Allowed

C.R.M. No.7704 of 2019

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 22.08.2019 in connection
with Malda Police Station Case No. 179/19 dated 26.3.2019 for
alleged offence punishable under Sections 498A/302/304B/34 of
the Indian Penal Code.

And

In the matter of:-

Puspa Sarkar ors.

….Petitioners

Mr. Kallol Mondal,
Mr. Musharraf Alam Sk.

Mr. Krishan Roy,
Ms. Amrita Chel,
Mr. Souvik Das,
Ms. Anamika Banerjee
… for the petitioners

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Ms. Sreeparna Das
…for the State

This application has been moved by the petitioners

apprehending arrest in connection with Malda Police Station Case

No. 179/19 dated 26.3.2019 for alleged offence punishable under

Sections 498A/302/304B/34 of the Indian Penal Code.
2

It is submitted by the learned advocate for the petitioners that

the petitioners are all in-laws members of the deceased victim and

they have been falsely implicated in this case.

Learned Public Prosecutor raises objection against the prayer

for anticipatory bail drawing our attention to the police inquest,

Post Mortem report and other statement already collected in this

case.

Admittedly, the husband is now on statutory bail for charge

sheet not having been submitted. Petitioner nos.1 and 2 are

parents-in-law of the deceased victim, while petitioner nos.3 and 4

are the married sisters-in-law of the deceased victim.

The allegation against the accused persons is that they

subjected the deceased victim to torture, cruelty demanding money

from her and inconsequence thereof, the deceased victim

committed suicide swallowing poison.

Having considered the materials already collected in the C.D.

and bearing in mind the omnibus nature of the statement being

made against in-laws members, not supportive of custodial

interrogation in the interest of investigation, we are inclined to

grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the

accused/petitioners shall be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees ten thousand only), with two
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sureties, to the satisfaction of Arresting Officer and on further

condition that the accused/petitioners shall comply with the

conditions in Section 438 (2) of the Code of Criminal Procedure,

1973 and on further condition that petitioners shall ensure their

appearance before the trial Court and obtain regular bail within 15

days from date.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

C.R.M. No.7704 of 2019 stands disposed of.

A certified copy of this order be immediately made available to

the petitioners subject to compliance of all requisite formalities.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)

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