January 9, 2019.
CRM 144 of 2019
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Suniti Dutta and others
The State of West Bengal
Mr Pravas Bhattacharya
… for the petitioners.
Mr Sandip Chakraborty
… for the State.
The petitioners seek anticipatory bail in connection with
Maynaguri Police Station Case No.430 of 2018 dated October 20,
2018 under Sections 498A/326/307 of the Indian Penal Code and
under Section 3/4 of the Dowry Prohibition Act and added Section
302 of the Indian Penal Code.
Leave is given to Advocate for the petitioners to correct the
cause-title in the presence of an officer of this court.
The State produces the case diary and refers to a statement
said to be the dying declaration of the victim in which she has
named her husband and her mother-in-law. The husband has
apparently been arrested.
Since these petitioners have not been named in the dying
declaration and may not be connected to the unnatural death of the
victim, there may not be any need for the custodial interrogation of
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 report to the investigating officer at
such time and place as may be specified by the concerned police
officer, till the investigation is completed.
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. )