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Alehar Bibi & Anr vs Unknown on 22 January, 2019

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M/L No.305
C.R.M. 11796 of 2018
22.01.2019

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/12/2018 in
connection with Beharampore P.S. Case No. 554/2018 dated
22/05/18 under Sections 498A/304B/34 of the Indian Penal
Code read with Sections 3/4 of Dowry Prohibition Act, 1961.

And

In the matter of: Alehar Bibi Anr.

….petitioners.

Ms. Rinku Das

…for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. PP.

Mr. Aniket Mitra

…for the State.

The petitioners seek anticipatory bail in connection with

Beharampore P.S. Case No. 554/2018 dated 22/05/18 under

Sections 498A/304B/34 of the Indian Penal Code read with

Sections 3/4 of Dowry Prohibition Act, 1961.

The petitioners are the mother of the husband of the

victim and a sister of such husband. The petitioners claim not to

have been associated with the incident that led to the unnatural

death of the victim.

The State relies on witness statements to the effect that

several members of the husband’s family poured kerosene on the

victim before setting her ablaze. However, such statements are

vague and general and it is not even apparent from the

statements as to whether the makers of such statements were

eye-witnesses to the incident.

The petitioners claim that the father-in-law and husband

of the victim, arrested earlier, have been granted bail.

Considering the material against the petitioners and the

extent of their involvement in the incident which led to the

unnatural death of the victim, there may not be any justification
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for taking them into custody at this stage.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties

of Rs.5,000/- (Rupees Five Thousand only) each, one of whom

must be local, to the satisfaction of the Arresting Officer, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will attend

the trial on every day that the matter is fixed and any default on

the part of the petitioners will entitle the trial court to cancel the

bail without reference to this Court.

The petition for anticipatory bail is allowed on the

conditions indicated above.

Certified copies of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)
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