1
07.11.2019
38
sdas
Partly allowed
C.R.M. 9731 of 2019
In Re.: An application under Section 438 of the Code of Criminal
Procedure filed on 27.09.2019 in connection with Chakdaha Police Station
Case No. 396 of 2019 dated 08.09.2019 under Sections 498A/Section304B/Section34 of
the Indian Penal Code.
And
In Re : Rupali Durlav (Roy) Anr. ….. petitioners
Ms. Minoti Gomes
… for the petitioners
Mr. Swapan Banerjee,
Ms. Purnima Ghosh
… for the State
It is submitted by the learned Counsel appearing for the
petitioners that petitioner no. 1 is the married sister-in-law of the victim
housewife and did not reside at the matrimonial home of the victim.
Petitioners have been falsely implicated in the instant case.
Learned Counsel for the State submits that the victim committed
suicide within six months after marriage due to torture meted out by her
husband and in-laws including the petitioners.
Having considered the materials on record prima facie disclosing
involvement of petitioner no. 2 that is mother-in-law of the victim
housewife, in the alleged offence, we are of the opinion that custodial
2
interrogation of petitioner no. 2 is necessary and this is not a fit case in
granting anticipatory bail to her.
The application for anticipatory bail in so far as petitioner no. 2
concerned is, thus, rejected.
However, keeping in mind the extent of complicity of the petitioner
no. 1, who does not ordinarily stay at the matrimonial home of the victim
housewife in the alleged crime and there is nothing show that she was
present at the matrimonial home on the fateful day when the victim
committed suicide, 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 be subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and on further condition that she shall
appear before the court below and pray for regular bail within a period of
four weeks from date.
Accordingly application for anticipatory bail is allowed so far as
petitioner no. 1 is concerned.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
3
