SHIBRAM BHOWMIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioners approached this Court praying for pre-arrest bail under Section 438 of the Code of Criminal Procedure. The Petitioner No. 1 is the father and the Petitioner No. 2 is the son. Accusation against them amongst others has been made by the wife of the Petitioner No. 2 under Sections 498A, 406, 323 and 354 of the Indian Penal Code.

(2.) Briefly stated the allegations are that the complainant Sangeeta was married to the Petitioner No. 2 on 1st March 2008. The marriage was duly consummated. After having lived together for some time the husband/Petitioner No. 2 and his parents demanded a sum of Rs. 5 lakh. It is alleged that in order to ensure the happiness of the complainant her parents had already given a sum of Rs. 2 lakhs together with 10 bharis of gold, furniture, utensils and household goods but that allegedly did not satisfy the greed of the accused persons. They demanded a further sum of Rs. 5 lakhs. When the demand was not met she was subjected to both physical and mental torture. It is also alleged that the Petitioner No. 1, the father-in-law of the complainant, used to make indecent advances and as a matter of fact attempted to rape her. The husband of the complainant refused to believe this when the aforesaid act of his father was brought to his notice. The mother-in-law of the complainant, it is alleged, instigated her son to physically assault her. It is also alleged that the mother of the complainant was also not spared. The father-in-law of the complainant allegedly assaulted her.

(3.) An application seeking pre-arrest bail was presented by the father-in-law on 28th January 2011. The complaint is dated 17th November 2010. The application made by the father-in-law was dismissed as not pressed by this Bench by an order dated 3rd February 2011 pursuant to the prayer of the learned Advocate for the Petitioner Shibram Bhowmick. Subsequently on 4th February 2011 another application under Section 438 of the Code of Criminal Procedure was filed by Mr. Shibram Bhowmick and his son Pinku Bhowmick alleging, inter alia, as follows: