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Judgments of Supreme Court of India and High Courts

Anisan Bibi vs Unknown on 5 August, 2019

1

05.08.2019

SL No.180
AP
C.R.M. 6936 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 31.07.2019 in connection with
Panskura P.S. Case No. 163/2019 dated 28.03.2019 under
Sections 498A/Section304B/Section34 of the Indian Penal Code read with Section
4 of the D.P. Act.

And

In the matter of: Anisan Bibi
….Petitioner.

Mr. Suman De
…for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
…for the State.

It is submitted on behalf of the petitioner that she is in custody

for about 131 days and the principal accused i.e. husband is in

custody. It is further submitted that the investigation is complete.

Learned counsel appearing on behalf of the State opposes the

prayer for bail and submits that the victim housewife committed

suicide within one year of marriage due to torture meted out by the

accused persons.

Having considered the materials in the case diary and bearing

in mind the nature of allegations and in view of the period of

detention suffered by the petitioner, we are inclined to grant bail to

the petitioner.

2

Let the petitioner be released on bail upon furnishing a Bond

of Rs. 10,000/-, with two sureties of like amount each, one of whom

must be local, to the satisfaction of the Learned Chief Judicial

Magistrate, Purba Medinipur at Tamluk subject to the condition that

during bail the petitioner shall appear before the learned trial court

regularly till disposal of the trial and the petitioner shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fail to comply with the conditions as

enshrined hereinbefore, it is open to the trial court to cancel the bail

without any further reference to this Court.

The application for bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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