CRM 3683 of 2018
In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed in connection with Mothabari P.S.
Case No.99 of 2018 dated 30.03.2018 under Section
498A/307/302/34 of the Indian Penal Code corresponding to GR
No.1222 of 2018.
In the matter of : Alal Sk. Anr.
Mr. Sagar Saha, Adv.
….. For the Petitioners
Mr. Saibal Bapuli, Adv.
Mr. Bibaswan Bhattacharya, Adv.
….. for the State
It is submitted on behalf of the petitioners that they are the
in-laws of the victim housewife. It is further submitted that they
did not play any role in the matrimonial life of the victim.
Learned Advocate for the State produces the case diary and
opposes the prayer for bail.
Having considered the materials on record including the
dying declaration of the victim at page 32 of the case diary it
appears that the husband had set her fire and keeping in mind
the extent of their complicity in the alleged crime, we are of the
opinion that custodial interrogation of the petitioners is not
necessary and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing 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 subject to the conditions laid down in sub-section (2) of
Section 438 of the Code of Criminal Procedure, 1973 and on
further condition that they shall appear before the trial Court
within a fortnight from date and pray for regular bail.
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)