C.R.M. No. 1584 of 2019
In Re.: An application under Section 438 of the Code of Criminal Procedure filed on
05.02.2019 in connection with Pandua Police Station Case No. 639 of 2018 dated 04.12.2018
under Sections 498A/306 of the Indian Penal Code.
In Re: Kalpana Biswas Anr. . …. petitioners
Mr. Kuntal Banerjee
…for the petitioners
Mr. Tapan Deb Nandi,
Mrs. Manasi Roy
…. for the State
It is submitted by the learned Counsel appearing for the
petitioners that the victim committed suicide 11 years after marriage.
Learned Counsel appearing for the State opposes the prayer for
Having considered the materials on record and bearing in mind
the fact that the incident occurred 11 years after marriage and
statutory presumption under Section 113A of the Evidence Act is not
attracted to the case, we are inclined to grant anticipatory bail to the
Accordingly, we direct that in the event of arrest the petitioners
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.
This application for anticipatory bail is, thus, allowed.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)