The court heard an application for anticipatory bail filed by petitioners accused of dowry harassment, torture, and murder. Considering the gravity of the offence involving the victim's suicide within one month of marriage, the application was rejected.
The prayer for anticipatory bail under Section 438 CrPC is rejected.
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11.12.2020 46 sdas rejected
C.R.M. 9455 of 2020 (via video conferencing)
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jangipara Police Station Case No. 148 of 2020 dated 15.07.2020 under Sections 498A/406/304B/302/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.
And
In Re : Balai Dhaure & Anr. ….. petitioners
Mr. Navanil De Mr. Rajeshwar Chakraborty … for the petitioners
Mr. Bidyut Kumar Roy Ms. Rita Datta … for the State
It is submitted by the learned Counsel appearing for the petitioners that they are parents-in-law of the victim housewife. It is also submitted that they have been falsely implicated in the instant case. They reside separately and investigation is complete.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that the petitioners tortured the housewife who committed suicide within one month of marriage.
Statements of the witnesses show that the petitioners actively participated in the torture of the housewife who unfortunately ended her life within one month of her marriage. In view of the gravity of the offence, we are of the opinion that this is not a fit case to grant anticipatory bail to the petitioners.
2
Accordingly, prayer for anticipatory bail is rejected.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused of dowry-related offences including murder and cruelty.
Whether the gravity of the offence involving torture and suicide necessitates refusal of bail.
2 provisions across 2 enactments
Balai Dhaure & Anr.
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
