SB C.R.M. 2454 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 24.03.2017.
In the matter of : Heerabati Chowdhury
Mr. Asif Iqbal
…for the petitioner.
Mr. Saswata Gopal Mukherjee,
Mr. Arabinda Manna
…for the State.
Apprehending arrest in course of investigation of Berhampore
P.S. F.I.R. No. 1008/2016 dated 17.10.2016 under Sections
498A/306/34 of the Indian Penal Code, the petitioner (mother-in-
law of the victim) has applied for anticipatory bail.
It is submitted by Mr. Iqbal, learned advocate appearing for
the petitioner that she has been falsely implicated. It is also
submitted that upon completion of investigation, police report
under Section 173(2) of the Code of Criminal Procedure (charge-
sheet) has already been submitted before the relevant magistrate.
Mr. Manna, learned advocate appearing for the State has
produced the case diary.
We have perused the materials in the case diary and the
statement of the witness recorded under Section 161 of the Code
of Criminal Procedure.
Having considered the materials in the case diary and
considering the fact that the husband of the victim has been
enlarged on bail, we are of the view that curtailment of the
petitioner’s liberty, on facts and in the circumstances, is not
necessary and that this is a fit and proper case for making
direction, as prayed for.
Accordingly, C.R.M. 2454 of 2017 stands allowed with the
direction that in the event of arrest, the petitioner 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 Court below.
(Dipankar Datta, J.)
(Sahidullah Munshi, J.)