C. R. M. 4568 of 2018
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 06.07.2018 in connection with Khejuri Police Station Case No. 23 of
2018 dated 31.01.2018 under Sections 498A/302/304B/34 of the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No. 121 of 2018)
In Re: Radharani Bera Ors.
… … Petitioners
Mr. Jayanta Narayan Chatterjee .. Advocate
Ms. Priyanka Ghosh Chowdhury .. Advocate
Ms. Moumita Pandit .. Advocate
Mr. Nazir Ahmed .. Advocate
… … for the petitioners
Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor
Mr. Arani Bhattacharya .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that the petitioner no.1 is the mother in
law and the petitioner no.2 is the brother-in-law of the victim-housewife while the petitioner
no.3 is the married sister-in-law of the said housewife who did not reside at the
matrimonial home of the victim.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
We have considered the materials on record. We find prima facie involvement
of the petitioner nos.1 2 in torturing the victim-housewife who suffered unnatural death
within three years of her marriage. Hence, we are not inclined in granting anticipatory bail
to the accused/petitioner nos.1 2.
Accordingly, the prayer for anticipatory bail of the accused/petitioner nos.1 2
namely, (1) Radharani Bera (2) Gaurhari Bera @ Gourhari Bera is rejected.
However, in view of the fact that the truthfulness of the allegation of torture by
the petitioner no.3 upon the victim-housewife is to be assessed in the backdrop of the fact
that she did not reside at the matrimonial home of the victim and that she is a lady, we are
of the opinion that custodial interrogation of the accused/petitioner no.3 is not 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 no.3,
namely (3) Lakshmirani Bera @ Kamala Bera @ Laxmi Bera, be released on bail upon
furnishing 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 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.)