An Application For Anticipatory … vs Unknown on 7 August, 2017

1

09.08.2017 C.R.M. 6577 of 2017
LOWED

71 In the matter of : An application for anticipatory bail under Section 438 of the
ML Code of Criminal Procedure filed on 1st July, 2017.

c And
In the matter of : 1. Sarifa Khatun and 2.Sk. Rejabul Ali @ Sk. Rojaul.

Petitioners.

Mr. Sanjib Seth
….. For the Petitioners.
Mr. Swapan Banerjee
Ms. Sima Biswas.
….. For the State.

Apprehending arrest in course of investigation of Uluberia Police Station FIR No.
688 of 2016 dated 13.11.2016 under sections 498A/326A/307/379/120B/34 of the
Indian Penal Code and sections 3/4 of the Dowry Prohibition Act, the petitioners (the
sister-in-law and the brother-in-law of the victim) have applied for anticipatory bail.

Mr. Seth, learned advocate appearing for the petitioners submits that the
husband of the petitioner has been granted bail.

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