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Calcutta High CourtCRM/9266/2020disposed

Rakhi Mallick @ Mridha And ANR v. State Of West Bengal

2020-11-20Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Md. Nizamuddin2 pages

20.11.2020

(26) KC C.R.M. 9266 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 307 of 2020 dated 28th October, 2020 under Section 498A/304(b)/34 of the Indian Penal Code.

In the Matter of : Rakhi Mallick @ Mridha and Anr. .... petitioners.

Mr. Shibaji Kumar Das.........................For the petitioners. Mr. Arijit Ganguly................................For the State. The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

This is a case involving dowry death. The death occurred after about one and half years of marriage on 28th October, 2020. The victim allegedly committed suicide in her matrimonial home.

The petitioners are the sister and brother-in-law of the husband.

They have been implicated in the statement under Section 164 of the Code of Criminal Procedure as having

gone to the matrimonial home of the victim and demanded dowry.

The husband is already under arrest.

We dispose of this application for anticipatory bail by not granting the same but at the same time observing that the police while investigating the case must satisfy themselves thoroughly in accordance with law about the petitioners' involvement in the alleged offence before arresting them. CRM 9266 of 2020 is disposed of.

(I.P. MUKERJI, J.) (MD. NIZAMUDDIN, J.)