January 16, 2019.
CRM 11472 of 2018
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Sk Goni @ Abdul Goni and others
The State of West Bengal
Mr A.K. Bhowmick
… for the petitioners.
Mr Saswata Gopal Mukherjee
Mr Aniket Mitra
… for the State.
The petitioners seek anticipatory bail in connection with
Manikchak Police Station Case No.183 of 2018 dated June 10, 2018
under Sections 498A/304B/34 of the Indian Penal Code.
The name of the third petitioner should be deleted since he
has already been arrested.
The remaining petitioners are the close relatives of the
husband of the victim who suffered an unnatural death within a few
years of her marriage. The post-mortem report reveals that the
death by hanging may have been suicidal.
The State relies on some neighbours’ statements to the effect
that the victim had been ill-treated at the matrimonial home.
However, the material on record does not immediately disclose
these petitioners’ involvement in the incident which led to the
unnatural death of the victim.
Considering such material, there may not be any need for the
petitioners to be taken into custody at this stage.
Accordingly, in the event of arrest, the petitioners are directed
to be released on bail upon furnishing bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each, 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 laid
down in Section 438(2) of the Code of Criminal Procedure, 1973.
In addition, the petitioners will attend the trial on every day
that the matter is fixed and any default on the part of the
petitioners will entitle the trial court to cancel the bail without
reference to this court.
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to
the petitioners, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Suvra Ghosh, J. )