Does 498a etc protect women ?? Here is a married sister in law running for bail !!

Kolkata High Court (Appellate Side)

Bulbuli Pal vs State of West Bengal

25 September, 2014
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Author: Pranab Kumar Chattopadhyay

Sl. No.457 ad C.R.M 13929 of 2014

In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.09.2014 in connection with Katwa Police Station Case No. 190 dated 19.05.2014 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
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In the matter of :

Bulbuli Pal     ………                Petitioner
Vs
State of West Bengal

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Mr. Navanil De, Sk. Samiul Haque……… For the petitioner
Mr. Sudip Ghosh, Mr. Sekhar Barman ……… For the State
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The learned Advocate of the petitioner submits that the petitioner is the married sister-in-law of the victim.

The learned Advocate of the petitioner further submits that in the present case charge sheet has already been submitted. The learned Advocate of the petitioner also submits that the husband of the victim has already been granted bail and other accused persons have been granted anticipatory bail.

Heard the learned Advocate for the State. Having considered the materials in the case diary and considering the fact that the charge sheet has already been submitted and also considering the fact that husband of the victim has already been granted bail and other accused persons have been granted anticipatory bail, we are of the view that detention of the petitioner in this case is not necessary. There is also no apprehension of abscondence of the petitioner.

We are, therefore, inclined to allow the prayer of the petitioner for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.5,000/- (Rupees five thousand) only with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Katwa and subject to conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, allowed.

(Pranab Kumar Chattopadhyay,J.)

(Sudip Ahluwalia,J.)

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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