Mastabari @ Mostabari @ Mastobari Mondal And ORS v. The State Of West Bengal And ANR

12.11.2024 Ct. No. 28 SL No. 25 SB CRM (A) 3878 of 2024 In Re: - An application for anticipatory bail under Section 482 of the B.N.S.S. 2023 in connection with Haringhata P.S. Case No. 236 of 2024 dated 11.5.2024 under Sections 498(A)/304(B)/34 of the Indian Penal Code read with Sections 3 / 4 of the Dowry Prohibition Act. And In the matter of: Mastabari @ Mostabari@ Mastobari Mondal & Ors. Ms. Minoti Gomes Mr. Sibaji Kumar Das ... for the petitioners Mr. Suman De Mr. Saptarshi Chakraborty ...for the State

1. Petitioners are the in-laws of the victim lady. It is contended they have been falsely implicated. They pray for anticipatory bail.

2. Learned lawyer appearing for the State contends they had tortured the victim who committed suicide within two years of marriage.

3. We have considered the materials on record. Principal accused, that is, the husband is in custody. Petitioners are the in-laws of the victim lady. Allegations against them are general and omnibus. It is common knowledge in matrimonial offences all in-laws are falsely roped in. Testing the credibility of the allegations from this perspective, we are of the opinion custodial interrogation is not necessary and petitioners may be granted anticipatory bail.

4. Accordingly, we direct that in the event of arrest the petitioners shall be released on anticipatory 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 subject to the condition as laid down under Section 482(2) of the B.N.S.S. Petitioners shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

5.

The application for anticipatory bail is, thus, allowed and disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 14 th of November 2024 06:23:07 PM