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Judgments of Supreme Court of India and High Courts

2019 Dated 11.01.2019 Under … vs In Re: Abul Khayer Haque Sk. @ Abul … on 13 February, 2019

1

13.02.19

Sl. No.132
akd
[ALLOWED]
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.

And

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.

2

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.)

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