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Sumita Choudhary @ Mitu Mondal @ … vs Unknown on 11 January, 2018


60 11.01.2018

C.R.M. 294 of 2018
sg Ct. No.28
In Re: – An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 09/1/2018 in connection with
Rampurhat P.S. Case No. 388/2017 dated 14.12.2017 under Sections
498A/302/120B of the Indian Penal Code.


In the matter of: Sumita Choudhary @ Mitu Mondal @ Sunita Anr.

Mr. Bitasok Banerjee, Adv.

Mr. R. Mondal, Adv.

…for the petitioners

Mr. R.D. Nandi, Adv.

…for the State

It is submitted on behalf of the petitioners that the victim

committed suicide 11 years after her marriage. It is further

submitted that have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary we find

that the petitioner no.1 and the mother-in-law of the victim

subjected her to torture in order to bring money for the treatment

of her husband. Unable to bear such torture, she committed


In view of the aforesaid allegations, we are of the opinion

that this is not a fit case for granting anticipatory bail to the

petitioner no.1. Hence, we are not inclined to grant anticipatory

bail to the petitioner no.1.

However, bearing in the mind the extent of complicity of the

petitioner no.2 i.e. the husband of the petitioner no.1 in the alleged

crime, we are inclined to grant anticipatory bail to the petitioner


In the event of arrest, the petitioner no.2 shall be released

on bail upon furnishing bond of Rs.10,000/- (Rupees Ten

Thousand only) with two sureties of like amount to the satisfaction

of the arresting officer 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, partly


Urgent photostat certified copy of this order, if applied for,

be supplied expeditiously after complying with all necessary legal


(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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