C. R. M. 1692 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 07.02.2019 in connection with Bharatpur Police Station Case No. 14 of
2019 dated 11.01.2019 under Sections 498A/306 of the Indian Penal Code.
In Re: Abul Khayer Haque Sk. @ Abul Khayer Sk.
… … Petitioner
Ms. Minoti Gomes .. Advocate
… … for the petitioner
Mr. Swapan Banerjee .. Advocate
Mrs. Purnima Ghosh .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that his wife committed suicide nine
years after marriage at her parental home.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the victim was subjected to torture and mental harassment immediately prior
to the incident.
We have considered the materials on record. We note that the victim-housewife
committed suicide nine years after marriage. Hence, statutory presumptions under
Sections 113A and 113B of the Evidence Act are not attracted in the facts of the present
case. Under such circumstances, we are of the opinion that custodial interrogation of the
accused/petitioner may not be necessary in the facts of the present case and he may be
granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Abul Khayer Haque Sk. @ Abul Khayer Sk., be released on bail upon furnishing a bond
of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the
satisfaction of the arresting officer and also be subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition
that he shall meet the Investigating Officer once in a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)