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An Application For Anticipatory … vs Somena Bibi @ Soumen Bibi & Anr on 11 January, 2019

1

41 11.01.2019
ss Allowed
C.R.M. 190 of 2019

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07.01.2019 in connection with
Bhabanipur P.S. Case No. 221 of 2018 dated 06.11.2018 under Sections
498A/304B of the Indian Penal Code.

And

In the matter of : Somena Bibi @ Soumen Bibi Anr.

… … petitioners
Mr. Deep Chaim Kabir,
Mr. Mazhar Hossain Chowdhury
… … for the petitioners
Mr. Swapan Banerjee,
Ms. Sima Biswas
… … for the State

The petitioners seek anticipatory bail in connection with Bhabanipur

P.S. Case No. 221 of 2018 dated 06.11.2018 under Sections 498A/304B of

the Indian Penal Code.

The petitioners are the mother and the sister of the husband of the

victim who apparently committed suicide five years after her marriage. The

petitioners claim that the financial difficulties of the married couple may

have driven the victim to commit suicide.

The State relies on the post-mortem report to suggest that there are

signs that the victim may have been tortured before her death.

Considering the post-mortem report and the conclusive opinion

evident therefrom, there may not be any need to take the petitioners into

custody at this stage.

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In the event of arrest, the petitioners will be granted bail upon

furnishing a bond of Rs. 10,000/- (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 petitioners are directed to meet the

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

concerned police officer, till the investigation is completed.

The petition for anticipatory bail is allowed subject to the conditions

as indicated above.

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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