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Under Sections 498A/304B Of The … vs In Re: Prasenjit Biswas & Ors on 9 July, 2019

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.)

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