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Judgments of Supreme Court of India and High Courts

Jarina Bibi & Ors vs Unknown on 13 February, 2019

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13.02.2019

.

122.
as
(Allowed).

C.R.M. 1664 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 01.02.2019 in connection
with Sitalkuchi P. S. Case No.193 of 2018 dated 22.09.2018 under
Sections 498a/302 of the Indian Penal Code.

In the matter of : Jarina Bibi Ors.

… Petitioners.

Mr. Pawan Kr. Gupta,
Mr. Arnab Saha.

…for the Petitioners.

Mr. Rudradipta Nandi.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that they are the

in laws of the victim housewife and used to reside separately from

the couple. It is also submitted that the police report has been filed

against the petitioners only under Sections 498A/34 of the Indian

Penal Code.

Learned advocate appearing for the State opposes the prayer

for anticipatory bail and submits that the victim housewife was

murdered within two years of marriage.

We have considered the materials on record in the light of the

aforesaid submissions made on behalf of the petitioners including

the submission that the petitioners used to reside separately from
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the couple and police report has been filed against the petitioners

under Sections 498A/34 of the Indian Penal Code only. Principal

accused is in custody.

In view of the aforesaid facts and in view of the extent of

complicity of the petitioners in the alleged crime, we are of the

opinion that custodial interrogation of the petitioners may not be

necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners viz., Jarina Bibi, Abdar Mia and Ejajul Mia @ Rejajul

Haque 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 subject to the conditions as

laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on further condition that the petitioners shall appear

before the court below within a fortnight and pray for regular bail

in accordance with law.

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

(Manojit Mandal,J.) (Joymalya Bagchi, J.)
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