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Sections 498A/406/304B/34 Of The … vs In Re on 1 August, 2018

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1.

8.2018
07
Allowed
md.

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.

And
In Re:-

Laxmi Rani Baidya
… Petitioner

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.

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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

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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. )

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