Sl No. 672.
C.R.M. 3911 of 2017
In the matter of : An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure presented on
In the matter of: 1. Taslima Bibi,
2 Sk. Alamgir,
3 Habiba Bibi,
4. Hafeja Bibi,
5. Sk. Aynul Haque. … petitioners.
Mr. Deep Chaim Kabir,
Ms. Jonaki Saha. … for the petitioners.
Mr. Iqbal Kabir. ….. for the State.
Mr. Sujoy Bandopadhyay. ….. for the de-facto complainant.
Apprehending arrest in course of investigation of
Durgachak Police Station F.I.R. No. 11 of 2017 dated 27.01.2017
under Sections 498A/323/307/34 of the Indian Penal Code, the
petitioners (the mother-in-law, brother-in-law, sisters-in-law and
the maternal uncle-in-law, in that order) have applied for
We have heard learned advocates for the parties and
perused the materials in the case diary.
Having heard the learned advocates for the parties and on
perusal of the case diary, more particularly the statement of the
victim recorded under Section 164 of the Code of Criminal
Procedure (at page ’88’ therein), we are of the considered view
that complicity of the petitioner no. 1 (Taslima Bibi) cannot be
totally ruled out. Accordingly, the prayer for direction as made in
this application by the said petitioner stands rejected.
So far as the other petitioners namely, petitioner nos. 2, 3,
4 and 5 (Sk. Alamgir, Habiba Bibi, Hafeja Bibi and Sk. Aynul
Haque) are concerned, on perusal of the aforesaid statement of
the victim does not reveal any direct overt act of criminality
attributed to them and we are of the considered view that
custodial interrogation of the said four petitioners is not
necessary for meaningful progress of investigation and that they
are entitled to a direction for release on bail, as prayed for.
C.R.M. 3911 of 2017 stands disposed of with the direction
that in the event of arrest of the petitioner nos. 2, 3, 4 and 5,
shall be released on bail upon furnishing bond of Rs.5,000/-
(Rupees five thousand) 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.
( Dipankar Datta, J.)
( Debi Prosad Dey, J. )