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An Application For Anticipatory … vs 1. Alema Bibi @ Aleya Bibi on 13 September, 2017


Sl No. 364.
Allowed. C.R.M. 8157 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of: 1. Alema Bibi @ Aleya Bibi,

2. Sk. Golam Martuja @ Golam Mortuja Sekh
@ Sk. Hablu.

……………. petitioners.

Mr. Prabir Mitra,
Mr. Subhanwita Ghosh. … for the petitioners.

Mr. Sudip Ghosh,
Mr. Bitasok Banerjee. … for the State.

Apprehending arrest in course of investigation of Ghatal Police Station
F.I.R. No. 68/17 dated 01.04.2017 under Sections
148/149/325/326/307/498A/302 of the Indian Penal Code, the petitioners
(victim’s sister-in-law and her husband) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials
in the case diary.

It appears that after twenty years of marriage, the victim died an unnatural
death. However, the statement of the son of the victim, aged about 17 years, is
recorded under Section 164 of the Code of Criminal Procedure. We do not find
any material therein to perceive that the petitioners are involved in the offence
punishable under Section 498A/302/307 of the Indian Penal Code. We are,
therefore, of the considered opinion that custodial interrogation of the petitioners
is not necessary for effective and meaningful investigation of the F.I.R. and that
they are entitled to direction as prayed for in this application.

The application, thus, stands allowed with the direction that in the event of
the petitioners’ arrest, they shall be released on bail upon furnishing bond of
Rs.5,000/- each, with two sureties of like amount each, one of whom must be
local, to the satisfaction of the arresting officer and also subject to the conditions
as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.


( Debi Prosad Dey, J. ) ( Dipankar Datta, J.)

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