An Application For Anticipatory … vs 1. Rafijuk Islam on 19 July, 2017

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19.07.2017 C.R.M. 5401 of 2017
LLOWED

7 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14th June, 2017.

And
In the matter of : 1. Rafijuk Islam, 2. Matuba Bibi

3. Mithu Sk.

Petitioners.

Mr. Anisur Rahman
….. For the Petitioners.
Sk. Samiul Haque
…… For the State

Apprehending arrest in course of investigation of Ranitala Police Station
FIR No. 174 of 2017 dated 02.5.2017 under sections 498A/304B/34 of the
Indian Penal Code, the petitioners (the parents-in-law, and the brother-in-law of
the victim) have applied for anticipatory bail.

At the outset, it is submitted by Mr. Rahman, learned advocate for the
petitioners that the petitioner no.2 has since been arrested and the application
shall not be pressed at her instance.

not pressed The application of the petitioner no.2 stands dismissed as not pressed.

On behalf of the petitioners 1 and 3, it is submitted that police report
(charge-sheet) under section 173(2) of the Code of Criminal Procedure has been
submitted before the relevant magistrate on completion of investigation and
hence custodial interrogation is not necessary.

We have heard learned advocates for the parties and perused the materials
in the case diary.

3 : Allowed Having regard to the level of complicity, as revealed from the case diary, we
are of the view that personal liberty of the petitioners 1 and 3 need not be
curtailed at this stage and that they are entitled to direction, as prayed for in this
application.

The application, thus, stands partly allowed with the direction that in the
event of arrest of the petitioners 1 and 3, they shall be released on bail upon
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furnishing bond of Rs.5000/-(Rupees five thousand each with two sureties of like
amount each, one of whom must be local to the satisfaction of court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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