Aloke Court 28 C.R.M. 12687 of 2017
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14.12.2017 in connection
with Alipurduar P.S. Case No.579 of 2017 dated 09.11.2017
under Sections 498A/302 of the Indian Penal Code.
In the matter of: Shephali Das @ Sefali Das Anr.
Mr. Sourav Chatterjee
Mr. Aniruddha Bhattacharya
… for the petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Ms. Sreeparna Das
… for the State
Postmortem report is placed on record wherefrom it
appears that victim died due to burn injuries. However, no dying
declaration of the victim had been recorded as she was not in a
position to make a statement.
Learned counsel appearing for the State opposes the
prayer for bail.
We have considered the materials in the case diary and in
view of the fact that the victim suffered unnatural death after 13
years of her marriage and in view of the fact that the petitioners
who are the parents-in-law of the victim resided separately from
the couple, we are of the opinion that custodial interrogation of
the petitioners may not be necessary in the facts of the case and
they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the
petitioners shall be released on anticipatory bail upon furnishing
bond of Rs.10,000/-(Rupees Ten Thousand only) each 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, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)