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An Application For Anticipatory … vs Hanufa Bibi & Anr on 6 August, 2018

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31 06.08.2018
ss Partly Allowed
C.R.M. 5662 of 2018

In the matter of : An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 03.08.2018 in connection with
Domkal P.S. Case No. 596 of 2017 dated 02.07.2017 under sections
498A/304B/34 of the Indian Penal Code.

And

In the matter of : Hanufa Bibi Anr.

… … petitioners
Mr. Tapodip Gupta
… … for the petitioners
Mr. Swapan Banerjee,
Mr. Suman De
… … for the State

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

Case No. 596 of 2017 dated 02.07.2017 under sections 498A/304B/34 of

the Indian Penal Code.

The petitioners are the mother-in-law and the sister-in-law,

respectively, of the victim who suffered an unnatural death less than two

years after her marriage.

According to the State, the victim made a statement when she was

taken to the hospital to the effect that her parents-in-law poured kerosene

on her when she was sleeping and set her ablaze.

In the light of the allegations against the first petitioner, it may not be

advisable to release her on anticipatory bail. However, there does not
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appear to be anything serious against the second petitioner for her to be

detained.

Accordingly, in the event of arrest, the petitioner no. 2 will be granted

bail upon furnishing security of Rs. 10,000/- (Rupees ten thousand only),

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 petitioner no. 2 is directed to meet the

investigating officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed in respect of the second

petitioner, subject to the conditions as indicated above; but rejected in

respect of the first petitioner.

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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