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05.09.2019

Sl No.58
AP
CRM 7937 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 28.08.2019 in connection with Raiganj Women P.S.
Case No.40 of 2019 dated 25.03.2019 under Sections 498A/Section302/Section34 of the
Indian Penal Code and Sections 3/4 of the D.P. Act.

And
In Re: Savina Parvin @ Savina Parveen @ Samin Akhtar Banu Anr.

… … Petitioners.

Mr. K. Choudhury,
Mr. S. Hazra
… for the Petitioners.

Mr. Saibal Bapuli, Ld. A.P.P.,
Mr. Bibaswan Bhattacharya
… … for the State.

It is submitted on behalf of the petitioners that the incident occurred 8

years after marriage and the victim housewife had committed suicide. It is

further submitted that the principal accused husband is in custody.

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

submits that petitioners had assaulted and murdered the victim lady as per

statement of her daughter.

Having considered the materials on record, we are of the opinion that the

dichotomy of the statement of the victim’s daughter and the findings in the post

mortem report may be assessed at the appropriate stage of the proceeding in

accordance with law. However, in view of the nature of allegations and the fact

that the incident occurred 8 years after marriage and as the statutory

presumption under Section 113B of the Evidence Act is not attracted in the facts

of the case, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand
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only) each, with two sureties of like amount each, to the satisfaction of the

arresting officer and also be subject to the conditions as laid down under Section

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

petitioners shall appear before the court below and pray for regular bail within a

period of four weeks from date.

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

(Jay Sengupta, J.) (Joymalya Bagchi, J.)