SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Khalida Bibi vs Unknown on 15 February, 2019

1

150 15.02.2019

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

And

In the matter of : Khalida Bibi
@ Khalida Khatun Anr.

…Petitioners.

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
2

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,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)
3

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2019 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh