1

05.03.2020
30

sdas
Partly allowed

C.R.M. 2410 of 2020

In Re.: An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 03.03.2020 in connection with Lalgola
Police Station Case No. 703 of 2019 dated 04.10.2019 under Sections
498A/313/354/325/379/34 of the Indian Penal Code.

And
In Re : Taimuddin @ Tiamuddin Sk. Anr. ….. petitioners

Mr. Golam Mustafa
Mr. Samirul Sardar
… for the petitioners

Mr. Prasun Dutta
… for the State

Having considered the materials on record disclosing prima facie

involvement of petitioner no. 1, husband of the victim housewife, in the

alleged torture on the victim resulting in miscarriage, we are of the

opinion that custodial interrogation of petitioner no. 1 is necessary and

this is not a fit case in granting anticipatory bail to him.

The application for anticipatory bail in so far as petitioner no. 1

concerned is, thus, rejected.

However, keeping in mind the extent of complicity of the

petitioner no. 2 in the alleged crime, we are inclined to grant

anticipatory bail to her.

2

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

2 shall be released on bail upon furnishing a bond of Rs.10,000/- 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 condition that she

shall appear before the investigating officer and hand over her passport,

if any, within four weeks from date. In the event she does not have a

passport, she shall personally appear before the investigating officer and

furnish an affidavit to that effect within the time frame mentioned

hereinabove.

Accordingly application for anticipatory bail is allowed so far as

petitioner no. 2 is concerned.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)