An Application For Anticipatory … vs 1. Sahirul Sk @ Sabirul Sk on 25 July, 2017

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Sl No. 991
25.07.2017

Partly allowed
AJ.

C.R.M. 5500 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on 08.05.2017.

And
In the matter of: 1. Sahirul Sk @ Sabirul Sk.,
2. Hasnahara Bibi,
3. Nimlata Bibi,
4. Sahina Bibi. … petitioners.

Mr. Tapodip Gupta. …… for the petitioners.
Mr. Danish Haque. …… for the State.

Apprehending arrest in course of investigation of Burwan Police Station
F.I.R. No. 127 of 2017 dated 30.03.2017 under
Sections 498A/307/315/34 of
the Indian Penal Code and
Section 4 of the Dowry Prohibition Act, the petitioners
(husband, mother-in-law and married sisters-in-law of the victim) have applied
for anticipatory bail.

We have heard learned advocates for the parties and perused the materials
in the case diary, more particularly the statement of the victim recorded under
Section 164 of the Code of Criminal Procedure Code available at page ’28’ as well
as the medical report available at page 16 onwards thereof. Having regard to the
level of complicity of the petitioner nos. 1 and 2, as revealed from such case
diary, we are of the considered opinion that their custodial interrogation is
necessary for effective and meaningful progress of investigation of the F.I.R.

The prayer for direction made by the petitioner nos. 1 and 2 (Sahirul Sk @
Sabirul Sk and Hasnahara Bibi respectively), accordingly, stands rejected.

However, we do not find any ingredient suggesting direct involvement of the
petitioner nos. 3 and 4. Accordingly, we hold that custodial investigation of the
petitioner nos. 3 and 4 is not necessary and that they are entitled to direction as
prayed for in this application. The prayer for direction made at the instance of the
petitioner nos. 3 and 4 stands allowed.

READ  Smt. Paniben vs State Of Gujarat on 13 March, 1992

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It is, accordingly, directed that in the event of arrest of the petitioner nos.
3 and 4 (Nimlata Bibi and Sahina Bibi), they shall be released on bail on
furnishing bond of Rs.5,000/- each, with two sureties of like amount each, one
of whom must be local, to the satisfaction of the court below.

C.R.M. 5500 of 2017 is, thus, disposed of.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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