1
09.07.2019
98
sdas
Partly
allowed
C. R. M. No. 5851 of 2019
In Re.: An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.07.2019 in connection
with Madarihat Police Station Case No. 44 of 2019 dated 25.05.2019
under Sections 498A/Section304B of the Indian Penal Code.
And
In Re: Prasenjit Biswas Ors. …….. petitioners
Mr. Sourav Chatterjee,
Mr. Amanul Islam
…for the petitioners
Mr. Arijit Ganguly,
Mr. Sanjib Kumar Dan
…. for the State
It is submitted by the learned Counsel appearing for the
petitioners that the victim committed suicide at her parental
residence.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail and submits that the victim housewife committed
suicide within five months of marriage.
Having considered the materials in the case diary and keeping
in mind the prima facie involvement of petitioner no. 1, husband in
subjecting the housewife to torture resulting in her suicide within five
months of marriage, we are not inclined to grant anticipatory bail to
the petitioner no. 1.
Accordingly application for anticipatory bail so far as petitioner
no 1 concerned is rejected.
2
However, keeping in mind the general and omnibus nature of
allegations against the petitioner nos. 2 to 5, being in-laws of the
victim housewife, and as the victim committed suicide at her parental
abode, we are of the opinion that they may be granted anticipatory
bail.
Accordingly, we direct that in the event of arrest the petitioner
nos. 2 to 5 shall be released on bail upon furnishing a bond of
Rs.10,000/- each, 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 they shall appear
before the court below and pray for regular bail within a period of
fortnight from date.
Accordingly application for anticipatory bail so far as petitioner
nos. 2 to 5 concerned are allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)