Biswajit Biswas & ORS v. State Of West Bengal

03.09.2020 SL No.92 AP CRM 6188 of 2020 With IA No.: CRAN 1/2020 (Old No: CRAN 4697 of 2020) (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah P.S. Case No.153 of dated 8th June, under Sections 498A/304(B)/34 of the Indian Penal Code.

And In the matter of: Biswajit Biswas & Ors.

....Petitioners.

Mr. Shibaji Kumar Das ...for the Petitioners.

Mr. Rana Mukherjee, Mr. Santanu Chatterjee ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being IA No.: CRAN 1/2020 (Old No: CRAN 4697 of 2020) is disposed of.

It is submitted on behalf of the petitioners that they are in-laws of the victim housewife and they have been falsely implicated in the instant case. Petitioner No.3 is the married sister-in-law of the victim housewife who resided separately from the couple. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim committed suicide within six months of marriage due to dowry demands.

Having considered the materials on record disclosing prima facie involvement of the petitioner Nos.1 and 2, parents-in-law of the victim housewife, in subjecting her to torture over demands of dowry, we are not inclined to grant anticipatory bail to the petitioner Nos.1 and 2.

However, keeping in mind the extent of complicity of the petitioner No.3, married sister-in-law of the victim housewife, in the alleged crime, we are inclined to grant anticipatory bail to the petitioner No.3.

Accordingly, we direct that in the event of arrest, the petitioner No.3 namely Pinki Saha be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)