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498A/302/34 Of The Indian Penal … vs In Re: Faizul Mian & Ors on 7 February, 2019




C.R.M. No. 1132 of 2019

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 24.01.2019 in
connection with Haringhata Police Station Case No. 05 of 2019 dated 03.01.2019 under Sections
498A/302/34 of the Indian Penal Code.

In Re: Faizul Mian Ors. ……… petitioners

Mr. Sananda Bhattacharyya
…for the petitioners

Mr. Rana Mukherjee, learned A.P.P.,
Mr. Santanu Chatterjee
…. for the State

It is submitted by the learned Counsel appearing for the

petitioners that the victim housewife committed suicide 10 years after

marriage. It is further submitted that the petitioners have been falsely

implicated in the instant case.

Learned Counsel appearing or the State opposes the prayer for

anticipatory bail.

Having considered the materials on record and bearing in mind

the fact that the victim committed suicide 10 years after marriage and

keeping in mind the allegations of torture are general and omnibus in

nature, we are of the opinion that the petitioners may be granted

anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners

shall be released on bail upon furnishing a bond of Rs.10,000/- each,

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 they shall meet the investigating officer once in a

week until further orders.

This application for anticipatory bail is, thus, allowed.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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