C.R.M. 3344 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18.03.2019 in connection
with Murshidabad P. S. Case No.11 of 2019 dated 04.01.2019
under Sections 498A/506/34 of the Indian Penal Code and
Sections 3 / 4 of the Dowry Prohibition Act.
In the matter of : Billal Sk. Ors.
Mr. Subodh Banerjee.
…for the Petitioners.
Mr. Goutam Wilson.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that the
matrimonial dispute was amicably resolved on 26th December,
2018 and the de-facto complainant had received a sum of Rs.2.5
lakhs as alimony. Subsequently, she lodged the instant criminal
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the victim housewife was
driven out from the matrimonial home with a three year old child.
Having considered the materials on record and bearing in
mind the general and omnibus nature of allegations in the light of
the aforesaid submission relating to amicable resolution of dispute
couple of days prior to the registration of the first information
report, we are of the opinion though custodial interrogation of the
petitioners is not necessary, petitioner no.1 requires to co-operate
with the investigation in accordance with law.
Accordingly, we direct that in the event of arrest the
petitioners viz., Billal Sk., Intaj Sk. @ Hamid, Hadiya Bewa, Tasifa
Bibi, Mina Bibi and Matilal Sk. shall be released on bail upon
furnishing a bond of Rs.10,000/- with two sureties of like amount
each to the satisfaction of the arresting officer and subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the
petitioner no.1 shall meet the investigating officer once in a week
until further orders and the petitioners shall appear before the
trial court and pray for regular bail within a fortnight from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)