CRM No. 5446 of 2018
In Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 23.7.2018 in connection with
Nimta Police Station case no.98/2018 dated 10.03.2018 under
Sections 498A/406/304B/34 of the Indian Penal Code.
Laxmi Rani Baidya
Mr. Deep Chaim Kabir, Advocate
Mr. Debajit Kundu, Advocate
.. for the petitioner
Mr. Rana Mukherjee, Ld. A.P.P.
Mrs. Sujata Das, Advocate
..for the State
The petitioner seeks anticipatory bail in connection with Nimta
Police Station case no.98/2018 dated 10.03.2018 under Sections
498A/406/304B/34 of the Indian Penal Code.
The petitioner is the mother-in-law of the victim. According to
the petitioner, the victim suffered burn injuries whereupon the
victim was immediately taken to the hospital by the victim’s
husband and members of the husband’s family.
The husband has been enlarged on bail and the charge-sheet
has been filed.
The State refers to the statements attributed to the
neighbours. The victim apparently appealed to the neighbours to
look after her child and the neighbours claimed that the victim
alleged that the in-laws did not let her live.
However, considering the fact that the investigation has been
completed and there does not appear to be any specific material
against the petitioner in particular, the petitioner may be granted
anticipatory bail, subject to the petitioner being required to meet
the investigating officer for the investigating officer to interrogate
her and submit a supplemental charge-sheet, if necessary.
Accordingly, in the event of arrest, the petitioner will be
granted bail upon furnishing a security of Rs.10,000/- (Rupees ten
thousand only), with two sureties of Rs.5,000/- (Rupees five
thousand only) each, one of whom must be local, to the
satisfaction of the Arresting Officer, subject to the conditions as
laid down in Section 438 (2) of the Code of Criminal Procedure,
1973. In addition, the petitioner will also attend the trial on a
regular basis on the dates fixed. In default of the petitioner to
attend the trial, the trial court will be at liberty to cancel the
petitioner’s bail without reference to this Court.
This order is subject to the further condition that the petitioner
will meet the investigating officer within the next seven days and
subject herself to such interrogation by the investigating officer as
the concerned police officer may deem necessary. Upon such
interrogation being concluded, the police officer will be entitled to
file a supplementary charge-sheet, if necessary. Any default on
the part of the petitioner to meet the police officer or to attend the
police station or such other place as may be specified by the
concerned police officer, will entitle the concerned police officer to
seek cancellation of the bail granted by this Court.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )