C.R.M. No. 2792 of 2020
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure
filed on 13.03.2020 in connection with Sabang Police Station Case No. 290 of 2019 dated
09.07.2019 under Sections 498A/302/406/34 of the Indian Penal Code read with Sections 3 and 4 of
the Dowry Prohibition Act.
In Re : Samiruddin Mir ……… petitioner
Mr. Jayanta Kumar Das
Ms. Madhumanti Das
…for the petitioner
Mr. Arijit Ganguly
Mr. Avik Ghatak
… for the State
It is submitted by the learned Counsel appearing for the petitioner
that the victim housewife was suffering from ailments and committed
suicide due to depression. He further submits that the incident occurred
16 years after marriage.
Learned Counsel appearing for the State opposes the prayer for
We have considered the materials on record including the
postmortem report. Cause of death has been stated to be “ante mortem
hanging”. In view of the aforesaid fact and as the incident occurred 16
years after marriage, we are of the opinion whether death of the victim is
homicidal or suicidal may be assessed at the appropriate stage of the
proceeding in accordance with law.
In the facts and circumstances of the case, we are inclined to
grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner
shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 and on further condition
that the petitioner shall meet the investigating officer once in a week
until further orders and shall appear before the investigating officer and
hand over his passport, if any, within two weeks from date. In the event
he does not have passport, he shall personally appear before the
investigating officer and furnish affidavit to that effect within the time
frame mentioned hereinabove.
This application for anticipatory bail is, thus, allowed.
(Madhumati Mitra, J.) (Joymalya Bagchi, J.)