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(G.R. Case No. 5342 Of 2017) vs In Re: Ajijul Haque & Anr on 9 July, 2018

1

09.07.18

Sl. No.63
akd
[PARTLY
ALLOWED]
C. R. M. 4494 of 2018

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 04.07.2018 in connection with Baduria Police Station Case No. 768 of
2017 dated 23.12.2017 under
Sections 498A/304B/306/34 of the Indian Penal Code.
(G.R. Case No. 5342 of 2017)

And

In Re: Ajijul Haque Anr.

… … Petitioners
Mr. Sumanta Chakraborty .. Advocate
Mr. Sumanta Chakraborty .. Advocate
… … for the petitioners

Mr. Rudradipto Nandy .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that the petitioner no.2 is the married

sister-in-law and did not reside at the matrimonial home of the victim-housewife.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim-housewife committed suicide within a year of her marriage.

Having considered the materials on record and bearing in mind the fact that the

allegation of torture upon the victim-housewife by the petitioner no.2 may be assessed in

the light of the fact that she did not ordinarily reside at the matrimonial home of the victim,

we are of the opinion that custodial interrogation of the accused/petitioner no.2 is not

necessary in the facts of the present case and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the accused/petitioner no.2,

namely (2) Sarina Bibi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees
2

Ten thousand only), with two sureties of like amount each, to the satisfaction of the

arresting officer and also subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973.

However, in view of the prima facie involvement of the petitioner no.1-husband

in torturing his wife who suffered unnatural death within one year of her marriage, we are

not inclined in granting anticipatory bail to the accused/petitioner no.1.

Accordingly, the prayer for anticipatory bail of the accused/petitioner no.1

namely, (1) Ajijul Haque is rejected.

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

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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