Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Tithi Goswami (Das) & Anr on 11 May, 2016
Author: Patherya
Bench: Patherya
1 11.05.2016
CRM 3164 of 2016 Court No.08 Item No. 495 In the matter of an application for anticipatory bail under Section 438 of KAUSHIK the Code of Criminal Procedure filed on 06.04.2016 in connection with (REJECTED) Chakdah P.S. Case No. 193 of 2016 dated 28.03.2016 under Section 306 of the Indian Penal Code, 1860 corresponding to G.R. Case No. 534 of 2016.
And In the matter of : Tithi Goswami (Das) & Anr.
......Petitioners.
Mr. Sibaji Kumar Das Mr. A. Ahmed, Advocates ......for the Petitioners.
Mr. Ranabir Roychowdhury, Advocate ......for the State.
This is an application under Section 438 of the Code of Criminal Procedure as filed by the accused petitioners praying for their release on anticipatory bail in the event of their arrest in connection with Chakdah P.S. Case No. 193 of 2016 dated 28.03.2016 under Section 306 of the Indian Penal Code, 1860 corresponding to G.R. Case No. 534 of 2016.
Defence counsel submits that the petitioner no. 1 is the widow of the deceased victim. Petitioner no. 2 is the mother-in-law. The marriage between the couple was solemnised in 2012 and on 26th March, 2016 the petitioner no. 1 left her matrimonial home and proceeded to her parental home. The victim visited the petitioner no. 1 at her paternal home and persuaded her to return to her matrimonial home. On refusal by the petitioner no. 1, the victim returned to his home and on 27th March, 2016, i.e. the very next day, he was found hanging. The petitioners are in no way involved with the offence alleged and they have been falsely implicated. All that the petitioner no. 1 did was to refuse return to her matrimonial home.
The learned Counsel for the State produces the case diary and takes us to the suicidal note.
Having considered the submissions of the parties and on scrutiny of the case diary so also the suicidal note, sufficient material exists to reject this application.
The prayer for anticipatory bail is rejected and the application is, 2 thus, dismissed.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) ( Debi Prosad Dey, J. )