rkd Ct. No.28 C.R.M. 4065 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/06/2018 in
connection with Baranagar P.S. Case No. 277 of 2018 dated
05/05/2018 under Sections 498A/304B/306/34 of the Indian
Penal Code read with Section 3/4 of the Dowry Prohibition Act.
In the matter of: Rima Mitra
Mr. D. C. Kabir,
Mr. A. Saha,
Mr. J. Pandey
…for the petitioner.
Mr. S. Banerjee,
Ms. P. Ghosh
…for the State.
It is submitted on behalf of the petitioner that co-accused
namely Rabi Mitra and Sachin Mitra have been granted
anticipatory bail and it is further submitted that the petitioner is
the married sister-in-law of the victim.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that the victim had
been subjected to torture by all the accused persons including
the petitioner and that she suffered unnatural death within two
years of her marriage.
We have considered the materials on record and we note
that co-accused persons including the husband of the petitioner
has been granted pre-arrest bail. We also note that the petitioner
resides separately from the matrimonial home of the victim
housewife and that the allegations lelvelled against her are
general and omnibus. Moreover, it appears that the victim died
due to drowning in the river. Hence, we are of the opinion that
custodial interrogation of the petitioner is not necessary and she
may be granted anticipator bail.
In the event of arrest, the petitioner shall be released on
bail upon furnishing a Bond of Rs. 10,000/- with two sureties of
like amount each to the satisfaction of the Arresting Officer and
also subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)