JUDGEMENT
TAPABRATA CHAKRABORTY, J. -
(1.)Apprehending arrest in connection with Alipore Police Station Case No.15 of 2021 dated 17th February, of 2021 under Ss. 498A/306/34 and later added Ss. 406/304B of the Indian Penal Code (in short, IPC), the present
application has been preferred.
(2.)Shorn of unnecessary details, the facts are that upon negotiation between two families, the petitioner's marriage with the victim was held on 9/2/2020 at Umaid Bhawan Palace, Jodhpur. After marriage the couple immediately left for honeymoon to Dubai and Oman for about six days. Upon returning to
India, the petitioner's family arranged a post marriage celebration on 23/2/2020 in their ancestral house at Purulia. Thereafter the couple
attended various parties and ceremonies together. From November, 2020 till 11/2/2021, the couple visited different places. But unfortunately
thereafter on 16/2/2021 the victim fell down from the 3rd floor of
her matrimonial house and succumbed to her injuries. On 17/2/2021 the
victim's father lodged a complaint and the present case was registered under
Ss. 498A/306/34 of IPC. In continuation with the said complaint, the
victim's father submitted a further representation dtd. 25/2/2021.
In course of investigation, Ss. 406/304B of IPC were added at the behest
of the investigating agency. Alleging inter alia that the victim's family
members were publishing disturbing and defamatory statements, the petitioner's father
preferred a Title Suit No.208 of 2021 and in an application under Order 39
Rules 1 and 2 read with Sec. 151 of the Civil Procedure Code filed in
connection with the said suit an order was passed on 25/6/2021 restraining
the defendant nos.2 to 4 therein from publishing any defamatory and derogatory
statements or news, posts, videos. Alleging inter alia that the victim's father
had operated a bank locker, jointly held by him and the victim, suppressing the
fact that the victim had already expired, petitioner's cousin, namely, Rahul
Agarwal lodged a complaint on 22/7/2021 and the same was registered as
Kalighat Police Station Case No.78 of 2021 dtd. 22/7/2021 under Ss. 404, 406, 409, 388, 506 and 120B of IPC. In the same a progress report was submitted by the Sub-Inspector of Kalighat Police Station on 8/9/2021. In the midst thereof, on 17/4/2021 a non-bailable warrant of arrest was issued against the petitioner and an anticipatory bail application
was initially preferred before the learned Court below on 24/5/2021 when
the case diary was called for. On 29/5/2021 though the case diary was
produced the petitioner's advocate prayed for repeated adjournments on 2/6/2021 and on 9/6/2021. Surprisingly on 15/6/2021 the
petitioner withdrew the said application with liberty to file afresh.
Thereafter the present application was filed before this Court in the month of
October, 2021. The application was heard on 8/11/2021 and a coordinate
Bench of this Court observed that 'since we are in the process of hearing this
application for anticipatory bail, we trust and hope that no adverse action
shall be taken against the petitioner till the disposal of the application'.
(3.)Mr. Luthra, learned senior advocate appearing for the petitioner submits that the relationship between the victim and her in-laws was cordial throughout.
There was no demand for dowry and the victim was never treated cruelly. Even in
the first complaint lodged by the victim's father on 17/2/2021, there
is no allegation to the effect that there was any demand for dowry. About a
week thereafter on 25/2/2021, a further representation was submitted
by him alleging that there had been incessant demand of various articles from
the victim and her family. There is no proximate nexus between the death of the
victim and cruelty based on dowry and the ingredients of Sec. 304B of IPC
are not attracted. In support of such contention reliance has been placed upon
the judgments delivered in the cases of Satbir Singh versus State of Haryana,
reported in (2021) 16 SCC 1 and Bansi Lal versus State of Punjab, reported in
(2011) 11 SCC 477.
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