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Mabiya Bibi & Ors vs Unknown on 22 July, 2019





C.R.M. 6100 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 08.07.2019 in connection
with Bhagwangola P. S. Case No.254 of 2019 dated 15.06.2019
under Sections 498A/Section120B/Section302/Section34 of the Indian Penal Code.

In the matter of : Mabiya Bibi Ors.

… Petitioners.

Mr. Riya Das.

…for the Petitioners.

Mr. Madhusudan Sur, Ld. A.P.P.,
Mr. Dipankar Paramanik.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that the victim

housewife committed suicide 14 years after marriage. Petitioners

are the mother-in-law and sister-in-law of the victim housewife

and they have been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the petitioners subjected the victim

housewife to torture who was compelled to commit suicide.

We have considered the materials on record including the

statements of witnesses alleging assault on the victim housewife.

However, post mortem report do not disclose any external injury

on the body of the victim and the cause of death stated therein is

one of suicidal hanging.

In view of the aforesaid facts and as the incident occurred 14

years after marriage and statutory presumption under Section 113

A of the Evidence Act is not attracted in the facts of the case, we

are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the

petitioners viz., Mabiya Bibi, Fulsera Bibi and Piyara Bibi 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 subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and the

petitioners shall appear before the trial court and pray for regular

bail within four weeks from date.

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

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

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