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Judgments of Supreme Court of India and High Courts

Indian Penal Code Read With … vs In Re : Jahanara Bibi & Anr on 6 December, 2019



Partly allowed

C.R.M. 11416 of 2019

In Re.: An application under Section 438 of the Code of Criminal
Procedure filed on 03.12.2019 in connection with Pandua Police Station
Case No. 85 of 2019 dated 26.03.2019 under Sections 498A/Section406 of the
Indian Penal Code read with Sections 3/Section4 of the Dowry Prohibition Act.

In Re : Jahanara Bibi Anr. ….. petitioners

Mr. Arunava Ganguly
… for the petitioners

Ms. Kum Kum Mitra
… for the State

Liberty is granted to amend the cause title.

It is submitted by the learned Counsel appearing for the

petitioners that they have been falsely implicated in the instant case.

F.I.R. was belatedly registered. It is also submitted that the petitioners

are mother-in-law and brother-in-law respectively of the victim housewife.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail and submits that the victim was tortured by the

husband and other in-laws including petitioners on the ground that she

was of dark complexion and on demands of dowry.

Having considered the materials on record prima facie disclosing

involvement of petitioner no. 1 in torturing the victim housewife which

compelled her to commit suicide, we are of the opinion that custodial

interrogation of petitioner no. 1 is necessary and this is not a fit case in

granting anticipatory bail to her.

The application for anticipatory bail in so far as petitioner no. 1

concerned is, thus, rejected.

However, keeping in mind the extent of complicity of the petitioner

no. 2 in the alleged crime, we are inclined to grant anticipatory bail to


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

shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further condition that he shall

appear before the court below and pray for regular bail within a period of

four weeks from date.

Accordingly application for anticipatory bail is allowed so far as

petitioner no. 2 is concerned.

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

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