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Aroba Bibi @ Bewa vs Unknown on 20 July, 2017



C.R.M. 5562 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : 1. Aroba Bibi @ Bewa

2. Tayeba Bibi

3. Mursheda Bibi
… petitioners

Mr. Y. J. Dastur
Mr. Prosenjit Mukherjee
Mr. Samrat Goswami
…..For the petitioners

Mr. P. K. Dutta, Ld. Addl. P.P.

Mr. Subrata Roy
……For the State

Apprehending arrest in course of investigation of

Khargram Police Station F.I.R. No. 23 of 2017 dated 25th

January, 2017 under Sections 498A/302/34 of the Indian

Penal Code, the petitioners have applied for anticipatory bail.

We have heard Mr. Dastur, learned senior advocate for

the petitioners and Mr. Dutta, learned Additional Public

Prosecutor for the State. We have also perused the materials

in the case diary which includes a dying declaration. Such

dying declaration does not implicate the petitioners 1 and 2;

however, the petitioner no. 3 prima facie appears to be

involved in the commission of offences presently under


We were inclined to reject the prayer of the petitioner no.

3, but having regard to the fact of her advance pregnancy (she

is expected to deliver within the next few days), we are

inclined to grant the prayer for anticipatory bail, particularly,

when on completion of investigation, police report under

Section 173(2) of the Code of Criminal Procedure (charge-

sheet) has been submitted before the relevant magistrate.

The application, thus, stands allowed with the direction

that in the event of arrest, the petitioners shall be released on

bail upon furnishing bond of Rs.5,000/- each, with two

sureties of like amount each, to the satisfaction of the Court


(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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