An Application For Anticipatory … vs 1. Taslima Bibi on 20 June, 2017

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Sl No. 672.
20.06.2017

Pt. Allowed.

AJ.

C.R.M. 3911 of 2017

In the matter of : An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure presented on
03.05.2017.

And
In the matter of: 1. Taslima Bibi,
2 Sk. Alamgir,
3 Habiba Bibi,

4. Hafeja Bibi,

5. Sk. Aynul Haque. … petitioners.

Mr. Deep Chaim Kabir,
Ms. Jonaki Saha. … for the petitioners.

Mr. Iqbal Kabir. ….. for the State.

Mr. Sujoy Bandopadhyay. ….. for the de-facto complainant.

Apprehending arrest in course of investigation of

Durgachak Police Station F.I.R. No. 11 of 2017 dated 27.01.2017

under Sections 498A/323/307/34 of the Indian Penal Code, the

petitioners (the mother-in-law, brother-in-law, sisters-in-law and

the maternal uncle-in-law, in that order) have applied for

anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary.

Having heard the learned advocates for the parties and on

perusal of the case diary, more particularly the statement of the

victim recorded under Section 164 of the Code of Criminal

Procedure (at page ’88’ therein), we are of the considered view
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that complicity of the petitioner no. 1 (Taslima Bibi) cannot be

totally ruled out. Accordingly, the prayer for direction as made in

this application by the said petitioner stands rejected.

So far as the other petitioners namely, petitioner nos. 2, 3,

4 and 5 (Sk. Alamgir, Habiba Bibi, Hafeja Bibi and Sk. Aynul

Haque) are concerned, on perusal of the aforesaid statement of

the victim does not reveal any direct overt act of criminality

attributed to them and we are of the considered view that

custodial interrogation of the said four petitioners is not

necessary for meaningful progress of investigation and that they

are entitled to a direction for release on bail, as prayed for.

C.R.M. 3911 of 2017 stands disposed of with the direction

that in the event of arrest of the petitioner nos. 2, 3, 4 and 5,

shall be released on bail upon furnishing bond of Rs.5,000/-

(Rupees five thousand) each, with two sureties of like amount

each, one of whom must be local, to the satisfaction of the

arresting officer and also subject to the conditions as laid down in

sub-section (2) of Section 438 of the Code of Criminal Procedure.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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