The High Court granted pre-arrest bail to the petitioner, an aunt of the accused, in a Section 498A IPC case. The court noted no specific allegations against her and her separate residence from the dispute.
Petitioner directed to be released on bail upon furnishing of bail bonds to the satisfaction of the arresting officer.
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20.01.2021 Sl. No.10 AP/ss
CRM 8 of 2021 (Through Video Conference)
Sujata Koley Vs. The State of West Bengal M/s Suman Sengupta, Debanjan Das and Sumitava Chakraborty, Advocates
… Petitioner.
… Respondent.
…for the petitioner present in Court.
M/s Kollol Acharjee and Tapan Bhattacharya, Advocates
…for the respondent present in Court.
The present application has been filed by the petitioner seeking pre arrest bail in Dinhata Women Police Station Case No. 108 of 2020 dated 17.12.2020 registered under Section 498A of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.
The learned counsel for the petitioner submitted that the petitioner in the present case is aunt of the husband of the complainant wife. She is a widow and living separately from the parties in dispute and has nothing to do with their matrimonial life. There is no specific allegation in the complaint against the present petitioner.
On the other hand, the learned counsel for the respondent submitted that being the family member of husband of the complainant wife the entire family was harassing the complainant wife.
2 CRM 8 of 2021
As there are no specific allegations against the petitioner in the present case and as she is stated to be residing separately from the parties to the dispute, we find it to be a fit case to grant pre arrest bail to the petitioner.
Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing of bail bonds to the satisfaction of the arresting officer. The petitioner shall be bound by the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
The present petition is disposed of accordingly.
(Rajesh Bindal, J.)
(Saugata Bhattacharyya, J.)
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in an FIR registered under Section 498A IPC.
Whether lack of specific allegations against the petitioner and her separate residence justify granting bail.
3 provisions across 3 enactments
Sujata Koley
The State of West Bengal
Rajesh Bindal
Saugata Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
