Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 438, 438(2)
- Indian Penal Code, 1860 ss. 120B, 306, 498A, 506
Judgment
Mr. Kushal Kumar Mukherjee .…for the petitioners Ms. Faria Hossain Ms. Baisali Basu .…for the State Petitioners pray for anticipatory bail. Learned advocate appearing for the petitioners submits that, the victim committed suicide. The victim and her husband were residing separately than the present petitioners. Learned advocate appearing for the State draws the attention of the Court to the post mortem report of the victim as well as the statement recorded under Section 161 of the Code of Criminal Procedure. The post mortem report of the victim suggests suicide. Apparently, the petitioners were not residing with the victim and her husband. The husband is in custody. In such circumstances, we grant anticipatory bail to the petitioners. 2 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 arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 2 (Chhoton Mandal alias Chotan Mandal) and 3 (Mithun Mandal) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos. 1 (Anjali Mandal), 4 (Priyanka Mandal), 5 (Rita Mandal alias Dipali Mandal), 6 (Samrity Mandal alias Smriti Mandal) and 7 (Sankika Mandal alias Sanjita Mandal alias Sanjika Mondal) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.) 3
Precedent status how later indexed judgments have treated this case
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