Calcutta High Court (Appellete Side)
Sections 498A/306/34 Of The Indian ... vs In Re: Anchar Ali Sk. @ Ansar Ali Sk. & Ors on 8 May, 2018
1 08.05.2018171
sdas allowed C.R.M. No. 1972 of 2018 In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 03.05.2018 in connection with Nabadwip Police Station Case No. 404 of 2017 dated 29.09.2017 under Sections 498A/306/34 of the Indian Penal Code.
And In Re: Anchar Ali Sk. @ Ansar Ali Sk. & Ors. .. ...... petitioners Mr. Kallol Mondal ...for the petitioners Mr. Avishek Sinha .... for the State Learned Counsel appearing for the petitioners submits that the petitioners are in-laws of the victim housewife who committed suicide 22 years after her marriage.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and bearing in mind the general and omnibus nature of allegations and the fact that statutory presumptions under Sections 113A/113B of the Evidence Act are not get attracted in the facts of the case as the victim suffered unnatural death after 22 years of her marriage, we are inclined in granting anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the 2 arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
This application for anticipatory bail is, thus, disposed of. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)