Bhabatosh Sarkar And ANR v. The State Of West Bengal

17.02.2025 Ct.28 RP & SM CRM(A) 518 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Chakdaha P.S. Case No.1319/2024 dated 18.11.2024 under Section 85/80/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Bhabatosh Sarkar & Anr.

.... Petitioners Ms. Minoti Gomes, Adv.

Miss. Madurai Singha, Adv.

Miss. Shanta Sarkar, Adv.

.....For the Petitioners Mr. Partha Pratim Das, Adv.

Ms. Diksha Ghosh, Adv.

.....For the State

1. Heard the learned advocates for the parties.

2. Petitioners are the parents-in-law of the victim wife. It is contended that the co-accused have been granted prearrest bail.

Therefore, the petitioners pray for anticipatory bail.

3. State submits that the petitioners used to reside with the couple and torture the victim over demands of dowry.

4. We have considered the materials on record. It appears that the petitioners are the parents-in-law of the victimwife. Statements of the witnesses show that the victim was subjected to cruelty over the demands of dowry and

she committed suicide within one year of marriage. Petitioners do not stand on the same footing with the coaccused, i.e. other in-laws who resided separately from the couple and have been granted pre-arrest bail.

5. Keeping in mind the nature of offence and role played by the petitioners in torturing the victim-wife over demands of dowry resulting in dowry death, we are not inclined to grant anticipatory bail to them.

6. Hence, the application for anticipatory bail is rejected. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)