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Fathema Bibi & Anr vs Unknown on 6 December, 2019

1

03.12.2019

.

119

Saswata
(Allowed).

C.R.M. 11327 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 02.12.2019 in connection
with Dutta Pukur P.S case no. 931/2019 dated 28.10.2019 under
Sections 498A/Section302/Section304B/Section34 of the IPC.

In the matter of : Fathema Bibi anr.

… Petitioners.

Mr. A.Basu
Mr. P.K.Das
Mr. S.Bera
Mr. S.Routh
…for the Petitioners

Mr. Swapan Banerjee, APP
Ms. Purnima Ghosh
…..for the State.

It is submitted on behalf of the petitioners that the petitioner

no. 1 is the married sister in law of the victim and petitioner no.2

is her husband. They do not originally reside at the matrimonial

home of the victim housewife.

Learned lawyer for the State opposes the prayer for

anticipatory bail and submits that the victim was tortured by her

husband and her in laws and had committed suicide within one

year of her marriage.

We have considered the materials on record and keeping in

mind the omnibus and general allegations leveled against the
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petitioners and in view of the extent of complicity of the petitioners

in the alleged crime, particularly in the light of the fact that they

had been originally residing at the matrimonial home of the victim

housewife, we are inclined to grant anticipatory bail to the

petitioners.

Accordingly, we direct that in the event of arrest the

petitioner viz., Fathema Bibi and Akbar Mondal @ Akbar Ali shall

be released on bail upon furnishing a bond of Rs.10,000/- each

with two sureties of like amount each, to the satisfaction of the

arresting officer and subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and on

further condition that the petitioners shall meet the investigating

officer once in a week until further order and the petitioners shall

appear before the trial court and pray for regular bail within four

weeks from date.

This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)
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