Chanchala Debnath And Others vs State Of Tripura

S. G. Chattopadhyay, J

[1] This is an application under Section 438 Cr. P. C for granting pre-arrest bail to the petitioners namely, Smt. Chanchala Debnath, Maya Rani Debnath, Sunil Debnath, Gopal Debnath @ Manik Chandra Debnath and Krishna Debnath who are accused in Dharmanagar P.S Case No.2021 DMN 102 under Sections 306 and 506 read with Section 34 IPC.

[2] The prosecution version in brief is that Smt. Pranabala Nath, wife of late Sudhir Nath lodged the FIR against the petitioners alleging inter alia that her husband Sudhir Nath committed suicide on 20.08.2021 which was abated by his accused daughter-in-law Smt. Chanchala Debnath. In her FIR dated 01.09.2021, she alleged that her daughter-in-law Chanchala Debnath was living with her parents as a result of matrimonial discord with her husband. She came to the house of the complainant on 20.08.2021 and warned her father-in-law that she would spoil his life by lodging rape case against him. In that evening police also came to their house and warned the husband of the complainant. During night, her husband committed suicide. Her FIR was registered as Dharmanagar P.S Case No. 2021 DMN 102 under Sections 306, 506 read with Section 34 IPC and investigation of the case was taken up by police.

[3] Apprehending arrest, the petitioners have approached this Court by filing this petition under Section 438 Cr. P. C for granting pre-arrest bail to them.

[4] Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioners who submits that Smt. Chanchala Debnath is a victim of matrimonial cruelty who lodged Dharmanagar Women PS Case No.0032 of 2021 under Sections 498A, 325, 354 read with Section 34 IPC against her husband and in-laws including her deceased father-in-law after she was ousted from her matrimonial home. It was alleged that in her complaint that her husband and in-laws committed serious physical and mental torture upon her during her stay in her matrimonial home. Counsel submits that out of his fear of prosecution and punishment, father-in-law of accused Smt. Chanchala Debnath committed suicide. For his suicide, Smt. Chanchala Debnath and her accused family members cannot be held liable. Rather, the deceased used to commit torture on accused petitioner Smt. Chanchala Debnath for which she prosecuted her deceased father-in-law along with other in-laws. Counsel submits that petitioner, Smt. Chanchala Debnath who herself is the victim of matrimonial cruelty has been made an accused in the present case by her mother-in-law with a malafide intention to get rid of the case lodged by her accused daughter-in-law. Counsel therefore, urges the Court for releasing the petitioners on bail.

[5] Heard Mr. S. Ghosh, learned Additional Public Prosecutor who fairly submits that the court may take appropriate decision after perusing the case diary and other materials available on record.

[6] It appears that initially accused petitioner Smt. Chanchala Debnath lodged a case against her in-laws under Section 498A IPC for matrimonial cruelty. Her father-in-law was one of the accused in her case. In connection with that case police interrogated the accused father-in-law of Smt. Chanchala Debnath. During night, he committed suicide. There is no material to connect petitioner, Smt. Chanchala Debnath with the commission of suicide of her father-in-law. After the commission of suicide of her father-in-law, not only Smt. Chanchala Debnath, all her relatives have been implicated in the case by her mother-in-law, Pranabala Debnath. There is no iota of incriminating materials against any of these FIR named accused persons.

[7] In these facts and circumstances of the case, it would be appropriate to protect them from arrest and detention by granting anticipatory bail to them. Therefore, in the event of their arrest, petitioners shall be released on bail on their furnishing bail bond of a sum of Rs.10,000/-each with one surety of the like amount each to the satisfaction of the Investigating Officer.

Communicate the order to the I.O.

[8] Bail petition is allowed and disposed of. Return the Case Diary.