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An Application For Anticipatory … vs 1. Sk. Hafizul Rahaman on 19 July, 2017


Sl No. 940

Partly allowed

C.R.M. 5406 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on13.05.2017.

In the matter of: 1. Sk. Hafizul Rahaman,
2. Sk. Khoda Box. … petitioners.

Ms. Manasi Roy. …… for the petitioners.
Mr. Saibal Bapuli,
Mr. Subrata Roy. …… for the State.

Apprehending arrest in course of investigation of Uluberia Police Station
F.I.R. No. 154 of 2012 dated 21.02.2012 under Sections 498A/302/304B/34 of
the Indian Penal Code, the petitioners (husband and father-in-law of the victim)
have applied for anticipatory bail.

It is submitted by the learned advocate for the petitioners that upon
completion of investigation, police report under Section 173(2) of the Code of
Criminal Procedure (charge-sheet) has already been submitted before the relevant

Having heard learned advocates for the parties and on perusal of the
materials in the case diary, more particularly the dying declaration of the victim
available at page ’19’ thereof, we are of the considered opinion that custodial
interrogation of the petitioner no. 2 is necessary for taking the investigation to its
logical conclusion. The prayer for pre-arrest bail of the petitioner no. 2 (Sk.
Khoda Box), accordingly, stands rejected.

However, we do not find any ingredient suggesting direct involvement of the
petitioner no. 1. Accordingly, we hold that the custodial investigation of the
petitioner no. 1 is not necessary and that he is entitled to direction as prayed for
in this application. The prayer for direction made at the instance of the
petitioner no. 1 stands allowed.


It is, accordingly, directed that in the event of arrest of the petitioner no.
1 (Sk. Hafizul Rahaman), he shall be released on bail on furnishing bond of
Rs.5,000/-, with two sureties of like amount, one of whom must be local, to the
satisfaction of the court below.

C.R.M. 5406 of 2017 is, thus, disposed of.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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