SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

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.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.


Copyright © 2024 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation