Calcutta High Court (Appellete Side)
Sona Madraji & Ors vs The State Of West Bengal on 13 May, 2014
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present:-
The Hon'ble Mr.Justice Jayanta Kumar Biswas and The Hon'ble Mr.Justice Indrajit Chatterjee CRM No.5826 of 2014 Sona Madraji & Ors.
v.
The State of West Bengal Mr.Dipankar Aditya Ms.Tina Biswas .. for the petitioners.
Ms.Kakali Chatterjee. .. for the State.
Heard on: May 13, 2014.
Order on: May 13, 2014.
Jayanta Kumar Biswas, J.- The three petitioners in the CRM saying that they are apprehending arrest in connection with Uluberia P.S.Case No.268 of 2014 dated April 7, 2014 under ss.498A/323/325/354/34 IPC and ss.3/4 Dowry Prohibition Act are seeking bail under s.438 CrPC.
Advocate for the petitioners has submitted as follows. The name of the third petitioner has been wrongly typed. She is not the son of Lalu Madraji, but a daughter. The petitioners are entitled to anticipatory bail, because there is no specific allegation against them.2
Advocate for the State has produced the case diary and referred to the materials therein.
The petitioners are the husband, a brother-in-law and a sister-in-law of the de facto complainant. The marriage took place on March 6, 2013. According to the de facto complainant, the first incident happened on March 10, 2013 when for failure to bring Rs.50,000 dowry from her father, the accused in the case including the petitioners battered her and turned her out of matrimonial home.
The materials reveal that the de facto complainant instituted a proceeding under s.125 CrPC. Her case is that the accused brought her back to the matrimonial home on payment of Rs.10,000 further dowry by her father; and that again on February 25, 2014 certain things happed that compelled her to institute the case.
After considering the facts and circumstances and the nature of the accusations, we are of the view that the petitioners should not be granted anticipatory bail.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J.) (Indrajit Chatterjee, J.) sm.