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498A/323/326/306/511/34 Of The … vs Allowed on 19 September, 2019

1

19.09.2019
tkm/ct 28 C.R.M. 8695 of 2019
sl no. 125

In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 17.9.2019 in connection with
Swarupnagar P.S case no. 211 of 2019 dated 10.4.2019 under Sectionsections
498A/Section323/Section326/Section306/Section511/Section34 of the IPC and 3/4 of the DP Act
And
Allowed
In Re : Nobichan Bibi Ors. …… petitioners

Md. S. Hossian
Ms. S. Sultana
…… for the petitioners
Ms. D. Sahu
…… for the State

Heard the learned advocates appearing for the respective

parties.

Petitioners renew their prayer for anticipatory bail and

submits that the principal accused is in custody.

Learned lawyer for the State opposes the prayer for

anticipatory bail.

We have considered the earlier order rejecting prayer for

pre-arrest bail inter alia on the ground that the principal accused

was absconding. Presently he is in custody. In the light of such

alteration in circumstances, we are inclined to entertain the

subsequent application for pre-arrest bail and keeping in mind

the extent of complicity of the petitioners i.e. the in-laws of the

victim housewife in the alleged crime as appearing from the dying
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statement of the victim wherein she has implicated her husband,

we are inclined to grant anticipatory bail to the petitioners.

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 subject to the

conditions as laid down under Sectionsection 438(2) of the Code of

Criminal Procedure, 1973 and that the petitioners shall appear

before the court below and pray for regular bail within four weeks

from date.

The application being CRM 8695 of 2019 is disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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