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Judgments of Supreme Court of India and High Courts

An Application For Anticipatory … vs Hamida Bibi & Anr on 7 January, 2019

1

A 52 07.01.2019
ss Rejected
C.R.M. 11344 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.12.2018 in connection with
Kandi P.S. Case No. 877 of 2017 dated 27.11.2017 under Sections
498A/307/302/304B/34 of the Indian Penal Code and Sections 3/ 4 of
the Dowry Prohibition Act.

And

In the matter of : Hamida Bibi Anr.

… … petitioners
Mr. Pratip Kumar Chetri,
Mr. Soumya Mazumder
… … for the petitioners
Mr. Rana Mukherjee,
Ms. Sukanya Bhattacharyya
… … for the State

The petitioners seek anticipatory bail in connection with Kandi P.S.

Case No. 877 of 2017 dated 27.11.2017 under Sections

498A/307/302/304B/34 of the Indian Penal Code and Sections 3/ 4 of

the Dowry Prohibition Act.

The State opposes the prayer and refers to the statement of a local

witness who claimed to have witnessed the incident leading to the

unnatural death of the victim within a few years of her marriage.

According to such statement, the mother-in-law and the sister-in-

law/petitioners along with other members of the family grabbed the victim

and forcibly administered poison to her. The post-mortem report reveals

death due to poisoning.

2

In the circumstances, the custodial interrogation of either petitioner

cannot be excused.

CRM 11344 of 2018 is rejected.

Certified copies of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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