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CRM/5159/2019 on 24 June, 2019


30 24.06.2019

C.R.M. 5159 of 2019

Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure.

In re : 1. Hameda Bibi @ Hame Bibi

2. Manjila Bibi @ Santona Bibi

3. Maniruddin Sk @ Mani Sk……………petitioners

Mr. Bitosok Banerjee …….for the petitioners

Mr. Arijit Ganguly
Mr. Sanjib Kr. Dan……..for the State

The petitioners (parents-in-law and married sister-in-law of the

victim) apprehend arrest in course of investigation of Mollarpur Police Station

F.I.R. No. 05 of 2019 dated 07.01.2019 under Sectionsections 498A/Section302/Section34 of the

Indian Penal Code read with 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. It appears that the victim committed suicide after

nine years of marriage. The husband of the victim is on bail. However, there is

evidence on record that the victim at an earlier point of time made an attempt to

commit suicide.

In view of the above, 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

Procedure, 1973.

The application is, thus, disposed of.


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