Calcutta High Court (Appellete Side)
Smt. Chandrima Bardhan vs Unknown on 15 March, 2019
1 137 15.03.2019 C.R.M. 3202 of 2019 Aloke Court 28 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.03.2019 in connection with Narendrapur P.S. Case No.229 of 2019 dated 18.02.2019 under Sections 498A/306 of the Indian Penal Code.
And In the matter of: Smt. Chandrima Bardhan ...Petitioner Mr. Debasish Roy Mr. S. Das Mr. P.G. Das Mr. S. Chatterjee ... for the petitioner Mr. Saswata Gopal Mukherjee, ld. P.P. Mr. Aniket Mitra ... for the State Allowed It is submitted on behalf of the petitioner that the petitioner is the mother-in-law of the victim-housewife. She is a retired school teacher and resides at Jalpaiguri. She did not play any role in the matrimonial life of the victim who committed suicide 10 years after marriage.
Learned counsel for the State opposes the prayer for anticipatory bail and submits that petitioner was subjected to torture by her husband and in-laws and committed suicide by jumping into the river.
We have considered the materials on record. We note that petitioner did not ordinarily reside with the victim-housewife and the allegations against her are general and omnibus in nature. Under such circumstances, we are of the opinion that custodial interrogation of the petitioner is not necessary and she may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the 2 Code of Criminal Procedure, 1973 and she shall appear before the court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly, allowed. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)