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Read With Section 4 Of The Dowry … vs In Re: Sunita Gupta @ Sunita Shaw @ … on 1 November, 2019

1

01.11.19

Sl. No.53
akd
[ALLOWED]
C. R. M. 9495 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 26.09.2019 in connection with Beliaghata Police Station Case No. 144
of 2019 dated 29.06.2019 under Sections 498A/Section304B/Section306/Section34 of the Indian Penal Code
read with Section 4 of the Dowry Prohibition Act.

And
In Re: Sunita Gupta @ Sunita Shaw @ Sunita Devi Shaw
… … Petitioner

Mr. Sourav Chatterjee .. Advocate
Mr. Aniruddha Bhattacharyya .. Advocate
… … for the petitioner

Mr. Pratick Bose .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that she is the married sister-in-law of

the victim-housewife and that she was not present at the matrimonial home of the victim

at the time of occurrence.

Learned advocate appearing for the State opposes the prayer for anticipatory

bail and submits that the victim-housewife suffered unnatural death within two years of

marriage.

We have considered the materials on record. We find that the allegations are

serious in nature. However, in view of the fact that the petitioner i.e. the married sister-in-

law of the victim-housewife did not ordinarily reside at the matrimonial home of the victim

and there is no material to show that she was present at the spot on the fateful day and as

the principal accused i.e. the husband is in custody, we are of the opinion that custodial
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interrogation of the accused/petitioner may not be necessary in the facts of the present

case and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Sunita Gupta @ Sunita Shaw @ Sunita Devi Shaw, be released on bail upon furnishing

a bond of Rs.10,000/- (Rupees Ten thousand only), 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 she 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.)

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