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An Application For Anticipatory … vs 2 on 20 September, 2018



11 md.

C.R.A.N. 2316 of 2018
C.R.M. No. 6002 of 2018

Re:- An application for recalling being CRAN No.2316 of

Mr. Sandip Chakraborty, Advocate

.. for the Petitioners

Mr. Rana Mukherjee, Ld. A.P.P.

Mr. Suman Saha, Advocate
.. for the State

Sufficient grounds have been made out as to why the

petitioners were not represented on August 17, 2018 when

CRM 6002 of 2018 was dismissed for default.

The order dated August 17, 2018 is recalled and CRM 6002

of 2018 is restored to the file.

The application for restoration, CRAN 2316 of 2018, is

allowed as above.

Re: C.R.M. 6002 of 2018


In the matter of:-

An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06th August, 2018 in
connection with Farakka Police Station Case No. 393 of 2017
dated 03.10.2017 under Sections 498A/304B of the Indian
Penal Code.



In the matter of:-

Marjina Bibi and another
… Petitioners

C.R.M. 6002 of 2018 is taken up for immediate


The petitioners seek anticipatory bail in connection with

Farakka Police Station Case No. 393 of 2017 dated 03.10.2017

under Sections 498A/304B of the Indian Penal Code.

The petitioners are the parents-in-law of the victim who

died an unnatural death within a year of her marriage.

The petitioners’ earlier prayer was rejected and the change

in circumstance is that the charge-sheet has now been filed

indicating that the investigation has now ended and the fact

that the first petitioner has been recently advised that due to

her several ailments, she would require constant care.

Considering that the investigation has been completed and

the medical condition of the first petitioner, the petitioners are

directed to meet the Officer-in-Charge of Farakka Police Station

twice in course of the next seven days and subject themselves to

interrogation by such officer. It is only upon such exercise

being completed that the petitioners will surrender before such

officer who will enlarge them on bail.

Accordingly, in the event of arrest the petitioners will be

granted bail upon furnishing security of Rs.10,000/-each,


(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 as laid down in Section 438 (2) of the Code of

Criminal Procedure, 1973.

In addition, the third and the fourth petitioners will also

report to the Investigating Officer at such time and place as may

be specified by the concerned police officer.

CRM 6002 of 2018 is allowed.

A certified copy of this order be immediately made

available to the petitioners subject to compliance with all

requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)


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