An Application For Anticipatory … vs 1. Mahila Bibi on 10 August, 2017


10.08.2017 C.R.M. 6433 of 2017

7 In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 5th July, 2017.

In the matter of : 1. Mahila Bibi, 2. Chhabila Bibi and

3. Chatul Sk. @ Rejaul Hoque @ Yar Ali Sk.


Mr. Uttam Kumar De
….. For the Petitioners.
Mr. Arijit Ganguly
Mr. Sanjib Kumar Dan.
….. For the State.

Apprehending arrest in course of investigation of Mayureswar Police Station FIR
No. 151 of 2017 dated 19.6.2017 under sections 498A/307/494/34 of the Indian Penal
Code and sections 3/ 4 of the Dowry Prohibition Act, the petitioners (the married sisters-
in-law and a neighbour of the victim) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in the
case diary. Such materials are, however, insufficient to suggest involvement of the
petitioners in alleged commission of offence punishable under section 307 of the Indian
Penal Code. It also appears that upon completion of investigation, police report (charge-
sheet) under section 173(2) of the Code of Criminal Procedure has been filed before the
relevant magistrate. In that view of the matter, we are of the opinion that personal liberty
of the petitioners may not be curtailed at this stage and that they are entitled to
direction, as prayed for, in the application.

The application, thus, stands allowed with the direction that in the event of
arrest, the petitioners shall be released on bail upon 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 the court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J. )

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