AB Court 28 C.R.M. 1897 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Nakashipara
P.S. Case No.714 of 2018 dated 6.12.2018 under Sections
498A/304B/34 of the Indian Penal Code
In the matter of : Khalida Bibi
@ Khalida Khatun Anr.
Ms. Karabi Roy …for the Petitioners.
Mr. Sudip Ghosh,
Mr. Bitoshok Banerjee…for the State.
It is submitted on behalf of the petitioners that the
petitioner no.1 is the married sister-in-law of the victim
housewife and the petitioner no.2 is her husband. It is further
submitted that the petitioners did not reside in the matrimonial
home of the victim. It is also submitted that the victim
committed suicide at her parental home.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail and submits that the victim
committed suicide within two months of her marriage due to
demands of dowry.
We have considered the materials on record. It is
submitted that the petitioners being the in-laws of the victim
housewife did not reside at the matrimonial home of the victim.
It is also relevant to note that the victim committed suicide at
her parental home.
In view of the aforesaid facts and the extent of
complicity of the petitioners in the alleged crime, we are of the
opinion that custodial interrogation of the petitioners is not
necessary and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) 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, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Manojit Mandal, J.) (Joymalya Bagchi, J.)