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
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.)