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498A/304B/34 Of The Indian Penal … vs In Re: Mannan Ali Alias Abdul … on 24 April, 2019



Sl. No.44
Court No.28
A Polley
C. R. M. 4429 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 22.04.2019 in connection with Dutta Pukur Police
Station Case No. 120 of 2019 dated 12.02.2019 under Sections
498A/Section304B/Section34 of the Indian Penal Code.


In Re: Mannan Ali alias Abdul Mannan Ors.

… … Petitioners

Mr. Shekhar Barman
… … For the petitioners

Mr. Rana Mukherjee
Ms. Sujata Das
… … For the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are the in-laws of

the victim housewife and resided in a different mess. It is further submitted that

they did not play any role in the matrimonial life of the housewife.

Learned advocate for the State opposes the prayer for anticipatory bail

and submits that the petitioners tortured the housewife who committed suicide

within five years of marriage.

Having considered the materials in the case diary and bearing in mind

the general and omnibus nature of allegations and taking into consideration the

fact that the petitioners are the in-laws of the victim-housewife and used to

reside in a separate mess and that the principal accused i.e. the husband is in

custody, we are of the opinion that custodial interrogation of the petitioners may

not be necessary in the facts of the present case and they may be granted

anticipatory bail.

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

released on bail upon furnishing a 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 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 and

they shall appear before the court below and pray for regular bail within a

fortnight from date.

The application for anticipatory bail is, thus, allowed.

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

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