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An Application For Anticipatory … vs Ruksana Khatun on 3 January, 2019

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48 03.01.2019
ss Allowed
C.R.M. 11249 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.12.2018 in connection with
Baisnab Nagar P.S. Case No. 368 of 2015 dated 22.06.2015 under Sections
498A/326/307/34/302 of the Indian Penal Code.

And

In the matter of : Ruksana Khatun
… … petitioner
Mr. Sudip Banerjee
… … for the petitioner
Mr. Goutam Wilson
… … for the State

The petitioner seeks anticipatory bail in connection with Baisnab

Nagar P.S. Case No. 368 of 2015 dated 22.06.2015 under Sections

498A/326/307/34/302 of the Indian Penal Code.

The petitioner is the wife of a brother of the husband of the victim.

The State refers to the dying declaration and the name of the

petitioner has been clearly spelt out therein.

However, since the charge-sheet has already been filed upon the

investigation being concluded, no useful purpose would be served in taking

the petitioner into custody at this stage.

Accordingly, in the event of arrest, the petitioner 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
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conditions as laid down in Section 438(2) of the Code of Criminal

Procedure, 1973. In addition, the petitioner will also attend the trial on a

regular basis on the dates fixed. In default of the petitioner attending the

trial, the trial Court will be at liberty to cancel the petitioner’s bail without

reference to this Court.

The petition for anticipatory bail is allowed subject to the conditions as

indicated above.

A certified copy of this order be immediately made available to the

petitioner, subject to compliance with all requisite formalities.

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

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