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The Indian Penal Code vs Allowed on 20 February, 2020


tkm/ct 28 C.R.M. 1935 of 2020
sl no. 67

In Re : An application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on 19.2.2020 in connection with Garhbeta
P.S case no. 75 of 2020 dated 7.2.2020 under sections 306/498A/34 of
the Indian Penal Code
In Re : Susmita Laga Anr. …… petitioners

Mr. P Karar
…… for the petitioners
Mr. Rana Mukherjee
Ms. Sujata Das
…… for the State

It is submitted on behalf of the petitioners that they have
been falsely implicated in the instant case.

It is further submitted that the petitioner no. 1 is the
married sister in law of the victim housewife and resides at a
different place.

Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the victim committed suicide
within ten months of marriage.

Having considered the materials on record and bearing in
mind the prima facie involvement of petitioner no. 2, mother in law
of the victim housewife in torturing and compelling her to commit
suicide, we are not inclined to grant anticipatory bail to her.

However, bearing in mind the extent of complicity of
petitioner no. 1 who is the married sister in law of the victim
housewife and did not ordinarily reside at the matrimonial home of
the victim, we are inclined to grant anticipatory bail to her.

Accordingly, we direct that in the event of arrest, the
petitioner no. 1 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.

Petitioner no. 1 shall appear before the investigating officer
and hand over passport, if any, within four weeks from date. In the
event she does not have passport, she shall personally appear
before the investigating officer and furnish affidavit to that effect
within the time frame mentioned hereinabove.

The application being CRM 1935 of 2020 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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