Shreemati Dhar And Others v. State Of West Bengal

CRM No.10807 of 2020 04.03.21 (S.R.) Sl.48 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raiganj Women Police Station Case No.153 of 2020 dated 09.10.2020 under Sections 498A/494/313/307/34 of the Indian Penal Code (G.R. Case No.1872);

And In re: Shreemati Dhar & Ors.

... petitioners.

Mr. Nirupam Dhali Miss. Priya Chakraborty ... for the petitioners.

Mr. Sanjay Bardhan Ms. Manisha Sharma ...for the State.

The learned advocate appearing for the petitioners submits that the petitioner no.1 is the mother-in-law, the petitioner nos.2 and 3 are the brothers-in-law of the victim lady. The allegations levelled against the petitioners are unfounded. The principal accused is the husband of the victim lady and they used to reside at a separate place. In the said conspectus, custodial interrogation of the petitioners is not necessary.

Mr. Bardhan, learned advocate appearing for the State opposes the petitioners' prayer and submits that the husband of the victim lady is still absconding. The records would disclose direct involvement of the petitioners in the alleged offence.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation of the petitioners is not warranted in the facts and circumstances of the case.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Shreemati Dhar, Narayan Dhar and Krishna Dhar shall be

released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. Accordingly, the application for anticipatory bail being CRM No.10807 of 2020, is allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)