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Jahangir Chowdhury @ Jahangir & … vs Unknown on 2 April, 2019


80 02.04.2019

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.)

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