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554/CL
22.09.2017
(Allowed)
rrc
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
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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.)