SUDAKSHINA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition arose out of an application under Section 439(2) of the Code of Criminal Procedure, 1973 and the order dated 7.3.2013 passed by the learned Sessions Judge (in - charge), Alipore, South 24 Paraganas thereby granting Opposite Party No. 1 in Criminal Misc. Case No. 1890 of 2013 the anticipatory bail in connection with Bhowanipore Police Case No. 62 of 2013 dated 2.2.2013 for committing offence punishable under Sections 498A/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

(2.) In the background of this petition the fact in a nutshell is that one Sudakshina Chowdhury got married to one Nilanjan Chowdhury, the elder son of Opposite Party nos. 1 and 2 under the provisions of Special Marriage Act and the said marriage was registered on 14.2.2004 followed by a social ceremony on 17.2.2004. After her marriage, she started living at her matrimonial house at 6, Suburban Hospital Road under the jurisdiction of Bhowanipore P.S., Kolkata -700 020 alongwith her husband and in - laws. Subsequently, she was subjected to torture both physically and mentally by her husband and in -laws. In such case the parent -in -laws played as the catalyst of the situations. They perpetrated inhuman mental torture upon the petitioner and they gave indulgence to the husband of the petitioner in regard to the addiction of alcohol. On 2.11.2012, she was subjected to severe torture by her husband resulting in injuries. The Opposite Party and his parents forcibly took all of her sri -dhan articles. On 2.2.2013 morning, her husband with the help of her parents -in -law tried to drive her out from her matrimonial house after assaulting her. Out of fear the petitioner lodged a complaint before the Bhowanipore P.S. which gave rise to Bhowanipore Police Case No. 62 of 2013 dated 2.2.2013 for committing offence punishable under Sections 498A/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act against the Opposite Party and his family members viz. father -in -law, mother - in -law and brother -in -law.

(3.) It was alleged that the order was completely erroneous on the face of the record. Unless custodial detention of Opposite Party Nos. 1 and 2 is allowed such offenders will never be brought to book. To get back sri -dhan articles, the petitioner lodged complaint with the O.C., Bhowanipore P.S. on 10.3.2013. The mother of the petitioner is an aged woman with various ailments. Being encouraged with the order dated 7.3.2013 the Opposite Party No. 1 tried to traumatized her. She lodged a complaint on 11.3.2013 with the O.C., Bhowanipore P.S. On 18.2.2013, the petitioner lodged another complaint with the O.C., Bhowanipore P.S. under Section 506(ii)/34 IPC against five friends of Opposite Party No. 1. On the said complaint, the petitioner categorically stated that as her husband was missing from 25th January, 2013, so out of anxiety the petitioner asked for the help of the Investigating Agency. Then, the aforesaid friends of Opposite Party No. 1 with his consent tried all evil means to stop such investigation. They threatened the petitioner over phone and also mailed her abusive languages. Hence the prayer for cancellation of bail.