Sankar Deb And Ors vs State Of Tripura

S.G. Chattopadhyay, J

[1] This is an application for granting pre arrest bail to Smt. Subha Rani Nag (Deb) and her husband Shri Sankar Deb. Both the accused petitioners are FIR named accused in West Agartala Women P.S. case No. 81 of 2021 which has been registered for offence punishable under Sections 498A, 325 and 354(A) IPC.

[2] Heard Mr. T. D.Majumder, learned Sr. Advocate appearing for the petitioners along with Mr. T.Halam, learned Advocate.

Also heard Mr. Ratan Datta, learned PP representing the State.

[3] The case was registered on the basis of the FIR lodged by Smt. Rajasree Choudhury(Deb), daughter-in-law of the petitioners. Smt. Choudhury(Deb) lodged the FIR with the Officer-in-Charge of the West Agartala Women Police Station alleging that after her marriage, her in-laws including the petitioners used to commit physical and mental torture on her. Lastly on 31.10.2021, she was subjected to brutal torture by the petitioners. Her accused father in law kicked on her belly and made indecent proposal to her. Her mother -in-law slapped her.

[4] After registration of the case, investigation was taken up and having apprehended arrest, the two petitioners have approached this court for granting pre arrest bail to them.

[5] In the course of his arguments, it is pointed out by Mr.Datta Majumder, learned Sr. Advocate that the daughter-in-law of the petitioners filed similar complaint in the police station in the past and few days after filing such complaint she again approached the police station and filed a written application stating that her complaint was entirely false. Counsel therefore, submits that there is no truth in the complaint of the petitioner and based on that complaint, the accused petitioners who are old and ailing persons cannot be detained in custody. It is further submitted that if the petitioners are sent to jail, the relationship between the petitioners and their daughter in law will be spoiled forever. Counsel, therefore, urges the Court for granting bail to them.

[6] Mr.Ratan Datta, learned PP, submits that there are serious allegations against both of the petitioners. He refers to the police statement of the petitioner recorded under Section 161 Cr.P.C wherein she has given a detailed account with regard to the commission of torture on her by her husband, father-in-law, mother-in-law and brother-in-law. Counsel has also referred to the other incriminating materials available in the case diary against the petitioners.

[7] Perused the entire case record including the CD and considered the submissions of learned counsel of the petitioner.

[8] Mr.Datta Majumder, learned Sr. Advocate, in the course of his submission contended that petitioner Smt. Sobharani Deb, is a government employee and her detention in custody would spoil her career. It appears from the record that allegation made against the father-in-law is more serious because allegedly the father in law had made an indecent proposal to the complainant and he is alleged to have assaulted her by kicking her on her belly on the alleged date of occurrence. The facts and circumstances available on record have made out a good prima facie case against the accused father-in-law. Considering the settled parameters laid down in this regard and all the facts and circumstances of the case, bail application of the petitioner father-in-law namely Sankar Deb, stands rejected.

[9] In view of the materials available against Smt. Sobharani Deb, her bail application stands allowed.

[10] In the event of her arrest, she may be released on bail on her furnishing bail bond of Rs.10,000/- with 01 surety of the like amount to the satisfaction of the IO on condition that she will extend the fullest cooperation to the investigating agency and she will not try to influence any of the witnesses of this case.

[11] In terms of the above, bail petition stands disposed of.

Return the CD.