Arati Adhikary v. State Of West Bengal

rkd 24.12.2020 Ct. No.28 (Allowed) C.R.M. 10631 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bongaon P.S. Case No. 77 of 2020 dated 08/02/2020 under Section 498A/304B/34 of the Indian Penal Code and under Sections 3/4 of the D.P. Act.

And In the matter of: Arati Adhikary ....petitioner.

Mr. A. Chatterjee ...for the petitioner.

Ms. F. Hossain, Ms. B. Basu ...for the State.

It is submitted on behalf of the petitioner that the couple resided separately. Petitioner is the mother-in-law of the victim. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that the petitioner and other in-laws tortured the victim housewife who committed suicide within seven years of marriage.

We have considered the materials on record. Allegation of torture may be assessed in the light of the submission that the couple resided separately. Under such circumstances and as investigation is complete, we are inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs. 10,000/- 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. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)