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Judgments of Supreme Court of India and High Courts

Billal Sk. & Ors vs Unknown on 20 March, 2019

1

20.03.2019

.

118.
as
(Allowed).

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.

… Petitioners.

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

case.

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
2

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.)

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