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.
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
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
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.)