January 11, 2019.
CRM 175 of 2019
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Tohaddes Mondal and others
The State of West Bengal
Mr Asraf Mandal
… for the petitioners.
Mr N.P. Agarwalla
Mr Debabrata Dasgupta
… for the State.
Mr Atis Kumar Biswas
Mr Amit Singh
… for the de facto complainant.
The petitioners seek anticipatory bail in connection with
Tehatta Police Station Case No.396 of 2018 dated November 18,
2018 under Sections 498A/307/34 of the Indian Penal Code.
The de facto complainant is represented and it is submitted on
her behalf that the first petitioner husband in collusion with almost
all the petitioners set the complainant on fire after dousing her in
There is a statement of a ten-year-old daughter of the victim
that has been produced by the State which gives graphic details of
the extent of the brutality perpetrated by the husband on the
relevant date. No doubt, the statement will be considered in
accordance with law at the trial, but on the basis of such material
against the husband, no case for any lenience is made out.
Since the thrust of the allegations of the de facto complainant
appears to be against the husband, the mother-in-law, the brothers
of the husband and their wives, the prayer made on behalf of the
petitioner nos.1 to 4 stands rejected. Since the petitioner nos.5 to
12 are the married sisters of the husband and their husbands and
children, such persons may be released on bail as long as they
cooperate with the investigation.
It is also recorded that the de facto complainant says that the
education of her two children is in jeopardy since the petitioning
husband has refused to give his consent for the transfer certificate
to be obtained for said children to be removed from Secunderabad
school and admitted to a school near the complainant’s paternal
residence in Kolkata.
The prayer of the petitioner nos.1 to 4 stands rejected.
Accordingly, in the event of arrest, the petitioner nos.5 to 12
are directed to be released on bail upon furnishing bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of
Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must
be local, 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 petitioner nos.5 to 12 will report
to the investigating officer at such time and place as may be
specified by the concerned police officer, till the investigation is
The petition for anticipatory bail is partly 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. )