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
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
The application is, thus, disposed of.
(SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)