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.
…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
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
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.)