C.R.M. 4770 of 2019
Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.
In re : 1. Md. Habibur Rahaman
2. Md. Giasuddin Sk.
3. Laila Bibi
4. Safikul Rahaman
5. Morium Bibi…………..petitioners
Mr. Prosenjit Mukherjee …….for the petitioners
Ms. Ratna Ghosh……..for the State
Mr. Saikat Chatterjee
Mr. Abdur Rakib………for the de-facto complainant
The petitioners (husband, parents-in-law and other in laws of the
victim) apprehend arrest in course of investigation of Nalhati Police Station
F.I.R. No. 189 of 2019 dated 01.06.2019 under Sectionsections 498A/Section307/Section34 of the
Indian Penal Code and Sectionsections 3/Section4 of the Dowry Prohibition Act; hence, they
have presented this application for a direction that in the event of such arrest,
they may be released on bail.
We have heard learned advocates for the parties and perused the
materials in the case diary. The victim and the petitioner no. 1 have drifted
apart subsequent to their marriage solemnised in 2012. Having regard to the
general nature of allegations levelled by her and in the absence of any injury
report, we are of the considered opinion that personal liberty of the petitioners
may not be curtailed at this stage and that it is a fit and proper case for making
direction, as prayed for.
Accordingly, it is directed that in the event of arrest, the petitioners
shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five
Thousand) each with two sureties of like amount each one of whom must be
local, to the satisfaction of the arresting officer and also subject to the
conditions laid down in sub-section (2) of Section 438 of the Code of Criminal
The application is, thus, disposed of.
(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)