47 01.2.2019
C.R.M.8428 of 2018
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/09/2018 in
connection with Krishnagar Women P.S. Case No.78 of 2018
gd dated 14/06/2018 under Sections 498A/306/34 of the Indian
Penal Code and Section 4 of the Dowry Prohibition Act.
And
In the matter of: Surat Ali Mallick @ Jumat Ali
Mallick @ Jumat Mallik Anr.
….petitioners.
Mr. Atis Kumar Biswas
Mr. Amit Singh
…for the petitioners.
Mr. Rana Mukherjee
Ms. Sujata Das
…for the State.
The petitioners seek anticipatory bail in connection with Krishnagar
Women P.S. Case No.78 of 2018 dated 14/06/2018 under Sections
498A/306/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition
Act.
The petitioners are the parents-in-law of the victim who appears to
have committed suicide by setting herself ablaze within eight years of her
marriage.
The State produces the case diary and refers to the statements of the
witnesses.
The charge-sheet has been submitted.
Considering the nature of the allegations against the present
petitioners as well as the extent of their involvement in the incident that led to
the unnatural death of the victim, their custodial interrogation may not be
required at this stage.
Accordingly, in the event of arrest, the petitioners are directed to be
released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only) each, with two sureties of Rs.5,000/- (Rupees Five Thousand
Only) each 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
indicated above.
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.)
