Saddam Pramanik And ORS v. The State Of West Bengal

03.

01.09.2021 Ct.32 Tanmoy Allowed In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side (Through Video Conference) C.R.M. 224 of 2021 With IA No. C.R.A.N. 1 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalpaiguri Women Police Station Case No. 137 of 2020 dated 17/12/2020 under Sections 498A/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. And In the matter of: - Saddam Pramanik & Ors.

....petitioners.

Ms. Jeenia Rudra, Ms. Madhushri Dutta, Ms. Sahili Dey ...for the petitioners.

Mr. Tapan Bhattacharjee ...for the State (through V.C.) The petitioner nos. 1 and 2 are the parents-in-law, the petitioner no. 3 is the sister-in-law and the petitioner no. 4 is a neighbour of the victim lady who, according to the petitioners, committed suicide by pouring kerosene on herself and setting herself on fire. The petitioners say that the victim suspected illicit relationship between her husband and the petitioner no. 4, which prompted her to kill herself.

The Prosecution says that this was a case of murder. The husband and the in-laws murdered the victim.

We have seen the statement of the son of the victim lady and also the statements of neighbours. Primarily, the husband of the victim was implicated. Prima facie, there does not appear to be much involvement of the present petitioners in the alleged offence.

Charge-sheet has been submitted. The husband of the victim is in custody.

On an overall assessment of the material on record and the possible extent of complicity of the petitioners in the alleged offence, we are of the view that immediate custodial interrogation of the petitioners is not necessary so long as they co-operate with further investigation, if any. Accordingly, in the event of arrest, the petitioners, viz. 1. Saddam Pramanik, 2. Fatema Bibi @ Fatema Khatun, 3. Anichha Pramanik, 4. Urmila Khujur 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 shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 224 of 2021 along with connected application being IA No. C.R.A.N. 1 of 2021 is, thus, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)