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Judgments of Supreme Court of India and High Courts

Khairunnesa @ Khairu Bibi & Anr vs Unknown on 13 February, 2019

1

153 13.02.2019
rkd Ct. No.28 C.R.M. 1728 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 08/02/2019 in
connection with Sadaipur P.S. Case No. 96 of 2018 dated
03/09/2018 under Sections 498A/323/326/307/34/302 of
the Indian Penal Code and under Sections 3 4 of the D.P. Act.

And
In the matter of: Khairunnesa @ Khairu Bibi Anr.

….petitioners.

Mr. S. Banerjee,
Mr. P. Roy
…for the petitioners.

Mr. S. Banerjee,
Ms. P. Ghosh
…for the State.

It is submitted on behalf of the petitioners that they are

the in-laws of the victim housewife and have been falsely

implicated in the instant case.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the victim

committed suicide within six months of her marriage.

We have considered the materials on record including the

statement of the victim recorded under Section 164 Cr.P.C. In

the medical papers, there is no specific reference to the

involvement of the petitioners in the torture of the victim in her

statement. 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.

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

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

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