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The Indian Penal Code vs In Re : Rupali Durlav (Roy) & Anr on 7 November, 2019



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.

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

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.)

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