1
09.07.18
Sl. No.63
akd
[PARTLY
ALLOWED]
C. R. M. 4494 of 2018
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 04.07.2018 in connection with Baduria Police Station Case No. 768 of
2017 dated 23.12.2017 under Sections 498A/304B/306/34 of the Indian Penal Code.
(G.R. Case No. 5342 of 2017)
And
In Re: Ajijul Haque Anr.
… … Petitioners
Mr. Sumanta Chakraborty .. Advocate
Mr. Sumanta Chakraborty .. Advocate
… … for the petitioners
Mr. Rudradipto Nandy .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that the petitioner no.2 is the married
sister-in-law and did not reside at the matrimonial home of the victim-housewife.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the victim-housewife committed suicide within a year of her marriage.
Having considered the materials on record and bearing in mind the fact that the
allegation of torture upon the victim-housewife by the petitioner no.2 may be assessed in
the light of the fact that she did not ordinarily reside at the matrimonial home of the victim,
we are of the opinion that custodial interrogation of the accused/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) Sarina Bibi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees
2
Ten thousand only), with two sureties of like amount each, to the satisfaction of the
arresting officer and also subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure, 1973.
However, in view of the prima facie involvement of the petitioner no.1-husband
in torturing his wife who suffered unnatural death within one year of her marriage, we are
not inclined in granting anticipatory bail to the accused/petitioner no.1.
Accordingly, the prayer for anticipatory bail of the accused/petitioner no.1
namely, (1) Ajijul Haque is rejected.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)