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Judgments of Supreme Court of India and High Courts

Taslima Bibi & Anr vs Unknown on 19 January, 2018

1

168 19.01.2018
AB Court 28 C.R.M. 8148 of 2017
With
C.R.A.N. 5429 of 2017

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Chanchal
P.S. Case No.462 of 2016 dated 26.8.2016 under Sections
498A/326/307/34 of the Indian Penal Code

In the matter of : Taslima Bibi Anr.

…Petitioners.

Mr. Kalidas Saha …for the Petitioners.

Ms. Sima Biswas …for the State.

In re : C.R.A.N. 5429 of 2017

This is an application for restoration and/or recalling the order

dated 13.9.2017 by which the matter stood dismissed on that day.

Having perused the averments made in the application, we recall

the order dated 13.9.2017 and restore the petition for anticipatory bail to its

original file and number.

The application being C.R.A.N. 5429 of 2017 is disposed of.

In re : C.R.M. 8148 of 2017

It is submitted on behalf of the petitioners that they are the

parents-in-law of the victim housewife and have been falsely

implicated in the instant case. It is further submitted that the

principal accused i.e. the husband of the victim is on bail.
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Learned lawyer appearing for the State opposes the prayer

for anticipatory bail and submits that the victim suffered injuries.

Having considered the materials in the case diary we find

that the allegations against the petitioners are general and

omnibus in nature.

In view of the aforesaid facts and the fact that the principal

accused i.e. the husband of the victim is on regular bail, we are of

the opinion that custodial interrogation of the petitioners may not

be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing bond of

Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of

like amount each to the satisfaction of the arresting officer and

also subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

3

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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