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Jesiman Bibi vs Unknown on 22 September, 2017



C.R.M. 8603 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.

In the matter of : 1. Jesiman Bibi
2. Sk. Jasimuddin @ British
3. Semiran Bibi @ Sabirun Bibi
4. Sk. Patan @ Sk. Munafa
… petitioners

Mr. Anirban Mitra
Ms. Dipa Mullick
Ms. Issita Paul
…..For the petitioners

Mr. Souvik Ganguly
……For the State

Apprehending arrest in connection with Khejuri Police

Station F.I.R. No. 140 of 2016 dated 4th June, 2016 under

Sections 498A/306/34 of the Indian Penal Code, the

petitioners (parents-in-law, sister-in-law and brother-in-law of

the victim) have applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary, more particularly the

statement of the victim recorded under Section 164 of the

Code of Criminal Procedure (hereafter the ‘Cr.P.C.’) as well as

the post mortem report suggesting that the victim died

because of consumption of poison. The autopsy surgeon

reserved his opinion till receipt of the report from the Forensic

Science Laboratory. We are informed that no such report is

available in the case diary. However, having regard to the fact

that police report (charge-sheet) under Section 173(2) of the

Code of Criminal Procedure has been filed before the relevant

magistrate, we are of the considered view that personal liberty

of the petitioners may not be curtailed at this stage and that

they are entitled to a direction as prayed for.

The application, thus, stands allowed with the direction

that in the event of arrest, the petitioners shall be released on

bail upon furnishing bond of Rs.5,000/- each, with two

sureties of like amount each, one of whom must be local, to

the satisfaction of the Court below.

(Rajarshi Bharadwaj, J.) (Dipankar Datta, J.)

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