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.
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
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
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.)