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Judgments of Supreme Court of India and High Courts

Rima Mitra vs Unknown on 21 June, 2018

1

109 21.06.2018
rkd Ct. No.28 C.R.M. 4065 of 2018
(Allowed)

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.

And

In the matter of: Rima Mitra
….petitioner.

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.

2

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.)

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