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HIGH COURT OF TRIPURA
AGARTALA
AB 30 of 2024
1. Sukanta Debnath(35 years)
S/o: Lt. Subodh Debnath, R/o: Vill: Paschim Bazar, P.S. Kalyanpur,
Khowai, Tripura.
2. Smt. Bijaya Debnath (Dey)
W/o: Sri Ashish Dey, R/o: Kashipur, P.S: Budhjungnagar, West Tripura.
Accused-Applicant(s)
...…
Versus
The State of Tripura
Represented by the Principal Secretary to the Government of Tripura.
….Respondent(s)
For the Applicant(s) : Mr. Debajit Biswas, Advocate
For the Respondent(s) : Mr. S. Ghosh, Addl. P.P
HON’BLE MR. JUSTICE ARINDAM LODH
Order
30/07/2024
This is an application filed under Section 438 of Cr.P.C. for granting
anticipatory bail to the accused-applicants who are wanted by the police
personnel in connection with Ambassa Women PS Case No.0009 of 2024
for the offences punishable under Sections 498A/326/34 of the IPC, later on
added Sections 302/304(B) of the IPC.
The prosecution story, in brief, is that six years ago, the younger
daughter of the complainant, namely, Puja Debnath got married with the FIR
named accused person, namely, Sri Pralay Debnath as per Hindu rites and
customs. After few months of their marriage, the husband and mother-in-law
of the victim started to torture the victim both physically and mentally upon
instigation of the other FIR named accused persons. During their conjugal
life, the victim gave birth to a female child who is at present 3(three) years
old. On 16.04.2024, at around 07:00 PM in the evening, the accused persons
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set fire upon the body of the victim, resulting which she received grievous
burn injuries on her body and accordingly, she was shifted to AGMC and
GBP Hospital where she was treated and on 01.05.2024, the victim namely,
Puja Debnath expired. The accused persons filed one anticipatory bail
application before the learned Sessions Judge, Dhalai Judicial District,
Ambassa which was rejected vide order dated 14.04.2024. After registration
of the said complaint as FIR, the Investigating Officer raided the house of
the accused-applicants and there is serious apprehension of being arrested.
In this circumstance, the accused persons namely, Sri Sukanta
Debnath (35 years) and Smt. Bijaya Debnath (Dey) (32 years) have
approached this court praying for granting anticipatory bail.
Mr. Biswas, learned counsel appearing for the accused-applicants has
submitted that Sri Sukanta Debnath, brother-law of the victim resides in
Khowai District and Smt. Bijaya Debnath (Dey), sister-in-law of the victim
resides in Kashipur, Agartala and they do not maintain any connection with
Pralay Debnath, and unnecessarily they have been implicated with the case.
It is their contention that the complainant implicated the accused-applicants
only to harass them.
Heard Mr. Debajit Biswas, learned counsel appearing for the accused-
applicants. Also heard Mr. S. Ghosh, learned Addl. P.P appearing for the
State-respondent.
I have perused the case diary as produced by learned Addl. P.P.
After perusal of the case diary, in my opinion, it is a fit case to grant
anticipatory bail to the accused-applicants. Accordingly, in the event of
arrest, the accused-applicants, namely, Sri Sukanta Debnath and Smt. Bijaya
Debnath (Dey) shall furnish a bail bond of Rs.25,000/- (Rupees twenty five
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thousand) each with one surety of like amount each to the satisfaction of the
Investigating Officer.
However, it is directed that the accused-applicants shall cooperate
with the process of investigation in all manner and also shall appear before
the investigating officer as and when they are called for.
In terms of the above, the anticipatory bail application stands allowed
and disposed of.
JUDGE
Rohit
SAIKA
Digitally signed
by SAIKAT KAR
T KAR Date: 2024.07.30
16:48:19 +05'30'