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Judgments of Supreme Court of India and High Courts

2019 Dated 21.04.2019 Under … vs In Re: Khurshid Khan & Anr on 13 August, 2019

1

13.08.19

Sl. No.85
akd
[PARTLY
ALLOWED]
C. R. M. 7362 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 09.08.2019 in connection with Domjur Police Station Case No. 256 of
2019 dated 21.04.2019 under Sections 498A/Section304B/Section34 of the Indian Penal Code.

And

In Re: Khurshid Khan Anr.

… … Petitioners
Mr. Dev Kumar Sharma .. Advocate
… … for the petitioners

Mr. Arijit Ganguly .. Advocate
Mr. Sanjib Kumar Dan .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Petitioner no.1 is the stepson of the victim-housewife and petitioner no.2 is his

wife. It is submitted on behalf of the petitioners that they have been falsely implicated in

the instant case.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the petitioners along with their father tortured the victim-housewife and

compelled her to undergo abortion. He further submits that due to such torture, she

committed suicide.

We have considered the materials on record. Keeping in mind the prima facie

involvement of the petitioner no.1 along with his father in torturing the victim-housewife

which compelled her to commit suicide, we are not inclined in granting anticipatory bail to

the petitioner no.1 herein.

2

Accordingly, the prayer for anticipatory bail of the accused/petitioner no.1

namely, (1) Khurshid Khan is rejected.

However, in view of the extent of complicity of the petitioner no.2 viz. wife of

petitioner no.1 in the alleged crime and the possibility of false implication of the said

petitioner no.2 due to her relationship with the other accused persons, we are of the

opinion that custodial interrogation of the petitioner no.2 is not necessary in the facts of

the present case and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner no.2

namely (2) Pinki Khan @ Jasmina Khan, be released on bail upon furnishing 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 she shall appear before the court below and pray for regular bail within four weeks

from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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