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An Application For Anticipatory … vs Ayasa Bibi @ Ayesha Bibi & Ors on 10 April, 2017


10. 04 .2017 C.R.M. 2504 of 2017.

In the matter of : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 28th March, 2017 in connection with Alipurduar Police
Station FIR No 12 of 2017 dated 08.01.2017 under Sections 498A/306 of the Indian
Penal Code.

In the matter of : Ayasa Bibi @ Ayesha Bibi Ors.


Mr. Anirban Banerjee
Mr. Debasish Mukhopadhyay.

….. For the Petitioners
Mr. Partha Pratim Das
…… For the State

Apprehending arrest in course of investigation of Alipurduar Police Station FIR
No 12 of 2017 dated 08.01.2017 under Sections 498A/306 of the Indian Penal Code, the
petitioners have applied for anticipatory bail.

We have heard the learned advocates for the parties and perused the materials in
the case diary, more particularly, the postmortem report suggesting accidental death as
well as the statements of the victims recorded under section 161 of the Code of Criminal
Procedure, which appear to be general in nature.

We are of the considered view that custodial interrogation of the petitioners is not
necessary for effective and meaningful progress of investigation of the FIR and that they
are entitled to direction, as prayed for in the application.

CRM 2504 of 2017 stands allowed with the direction that in the event of arrest,
the petitioners viz. Ayasa Bibi @ Ayesha Bibi, Jamser Hossain @ Ali, Ramjan Hossain @
Ramjan Ali, Shine Khatoon @ Sahin Bibi, Fatema Khatun @ Fatama Bibi, Asraf Hossain
@ Asraf Ali, Jyoti Bibi, Bablu Hossain @ Bablu Ali and Tinky Bibi shall be released on
bail upon furnishing bond of Rs.5000/- (Rupees five thousand) each, with two sureties
of like amount each, one of whom must be local to the satisfaction of the arresting

Certified copy of this order, if applied for, be given to the parties on priority basis.

( Dipankar Datta, J.)

(Debi Prosad Dey, J. )

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