Laxmi Barman @ Laxmi Barma And ANR v. The State Of West Bengal

24.01.2024 CALCUTTA HIGH COURT (D/L 101) IN THE CIRCUIT BENCH AT JALPAIGURI Ct. No.1 (Allowed) C.R.M.(A) 1035 of 2023 (SKB) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tufanganj P. S. Case No.591 of 2023 dated 17.07.2023 under Sections 498A/302/304B of the Indian Penal Code read with Sections 3 & 4 of the D.P. Act (G.R. Case No. 820 of 2023).

In the matter of : Laxmi Barman @ Laxmi Barma and another ... Petitioners Mr. Hillol Saha Podder, ... for the petitioners Mr. Aditi Shankar Chakraborty, APP Mr. Sourav Ganguly, Mr. Kallol Nag ... for the State

1. Heard learned Counsel for the parties.

2. The present petitioner no.1 is the neighbour and the petitioner no.2 is the mother-in-law of the deceased wife.

3. Prayer for anticipatory bail has been opposed on behalf of the State.

4. On perusal of the entire materials placed before us, it reveals that it is the allegation of the father of the deceased lady that her son-in-law built up an illicit relationship with another woman (petitioner no.1 herein) and on account of such relationship, he has murdered the deceased. In such statement, however, we do not find any name of the petitioner nos.1 and 2. Admittedly, there

are some incriminating materials as against the present petitioners in the statement of witnesses recorded under Section 161 Cr.P.C. but the allegations made therein appears to be omnibus in nature at least prima facie and that the post-mortem report is indicative of suicidal death of the deceased. Some money transactions between the husband of the deceased and others amounts to some thousands through UPI is there on record. It is alleged to be towards additional dowry but such fact can only be appreciated in the trial after evidence is adduced.

5. Regard being had to such facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the G.R. Case No.820 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that: i) The petitioners being ladies are directed to appear before the IO for the purpose of investigation as and when required from sunrise to sunset.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

8. The applications being CRM(A) 1035 of 2023 is disposed of.

9. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)