sg Ct. No.28 C.R.M. 2721 of 2018
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 14.05.2018 in connection with Krishnagar Women P.S. Case No.
(Allowed) 6/18 dated 15.1.2018 under Sections 498A/304B/302/34 of the Indian Penal Code.
Babur Ali Sk Anr.
State of West Bengal
Mr. S. Majumder, Adv.
…for the petitioners.
Mr. Rana Mukherjee, Adv.
Mr. S. Chakraborty, Adv.
…for the State.
It is submitted on behalf of the petitioners that the victim had stated in
the medical papers that she had suffered burn injury due to coocking.
Learned lawyer for the State opposes the prayer for bail and submits
that the victim had been compelled to make such statement under duress by the
We have considered the rival submissions in the light of the materials
on record. The cause of death of the victim is to be determined during trail.
However, in view of the notings in the medical papers with regard to accidental
burn injuries, we are of the opinion that denial of liberty of the petitioners at
this stage may not be justified and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the petitioners shall
be released on bail upon furnishing a bond of Rs. 10,000/- each with two
sureties of like amount each, to the satisfaction of the arresting officer and they
shall meet the Investigating Officer once in a week until further orders and also
subject to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)