rkd Ct. No.28
C.R.M. 3708 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 29/03/2019 in
connection with Harirampur P.S. Case No. 7 of 2019 dated
14/01/2019 under Section 498A/302/34 of the Indian Penal
In the matter of: Jahangir Chowdhury @ Jahangir Anr.
Mr. A. K. Chakraborty,
Mr. S. K. Bhattacharyya,
Mr. S. Burman
…for the petitioners.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. S. Das
…for the State.
Petitioners are the uncle-in-law and aunt-in-law of the
victim housewife. It is further submitted that they did not reside
at the matrimonial home of the victim and the incident occurred
twelve years after marriage.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that the victim
housewife was strangulated to death.
We have considered the materials on record. We note that
the principal accused i.e. the husband is in custody. There is no
direct evidence with regard to the presence of the petitioners at
the place of occurrence. Under such circumstances, we are
inclined to grant anticipatory bail to the petitioners.
In the event of arrest, the petitioners 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 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 they shall appear before the court below
and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)