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)
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.
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.)