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Case No. 4003 Of 2018) vs In Re: Nurjahan Bibi & Ors on 6 February, 2019

1

06.02.19

Sl. No.41
akd
[ALLOWED]
C. R. M. 542 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 11.01.2019 in connection with Gazole Police Station Case No. 524 of
2018 dated 21.09.2018 under Sections 498A/306/34 of the Indian Penal Code. (G.R.
Case No. 4003 of 2018)

And

In Re: Nurjahan Bibi Ors.

… … Petitioners
Mr. Pawan Kumar Gupta .. Advocate
Mr. Arnab Saha .. Advocate
… … for the petitioners

Mr. Swapan Banerjee .. Advocate
Mrs. Purnima Ghosh .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that the incident occurred ten years

after marriage and that the victim died due to drowning.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the petitioners subjected the victim to torture.

Having considered the materials on record and bearing in mind the nature of

allegations which are general and omnibus and the fact that the incident occurred ten

years after marriage and the statutory presumption under Section 113A of the Evidence

Act is not attracted in the facts of the present case, we are of the opinion that custodial

interrogation of the accused/petitioners may not be necessary in the facts of the present

case and they may be granted anticipatory bail.
2

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Nurjahan Bibi, (2) Nuresha Khatun (3) Aminul Haque, be released on bail

upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties

of like amount each, to the satisfaction of the arresting officer and also subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973

and on further condition that they shall appear before the court below and pray for regular

bail within a fortnight from date.

The application for anticipatory bail is, thus, disposed of.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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