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Judgments of Supreme Court of India and High Courts

CRM/4770/2019 on 18 June, 2019

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19 18.06.2019

C.R.M. 4770 of 2019
PG

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
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conditions laid down in sub-section (2) of Section 438 of the Code of Criminal

Procedure, 1973.

The application is, thus, disposed of.

(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)

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