Golap Jan Begum vs Unknown on 24 July, 2017


Item No.1062
SB C.R.M. 5623 of 2017
In Re:- An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 16.06.2017.

In the matter of :

Golap Jan Begum,

2. Rasida Khatun,

3. Ruhul Molla,

4. Nasir Molla,

5. Sahabuddin Molla,

…. petitioners.

Ms. Tannistha Bandyopadhyay …for the petitioners.

Mr. Saurav Chatterjee,
Ms. Sayanti Santra …for the State.

Leave is granted to the learned advocate for the petitioner to effect
necessary correction in the cause title of this application here and now.

Apprehending arrest in course of investigation of Uluberia P.S.
F.I.R. No. 183/2017 dated 27.02.2017 under Sections
498A/326/307/302 of the Indian Penal Code and under Section 3/4 of
the Dowry Prohibition Act, the petitioners (in laws of the victim and their
children) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the
materials in the case diary, more particularly the dying declaration of the
victim at page 66 thereof implicating the husband. He is on bail. We are
thus of the considered view that custodial interrogation of the petitioners
is not necessary for effective and meaningful progress of investigation of
the FIR and that they are entitled to a direction for release on bail.

Accordingly, C.R.M. 5623 of 2017 stands allowed with the direction
that in the event of arrest of the petitioners, they shall be released on
bail upon furnishing bond of Rs.5,000/- (Rupees Five Thousand) each,

with two sureties of like amount, to the satisfaction of the arresting
officer and 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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