C.R.M. 6441 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17.07.2019 in connection
with Itahar P. S. Case No.128 of 2019 dated 10.05.2019 under
Sections 498A/Section302/Section34 of the Indian Penal Code read with
Sections 3 / Section4 of the Dowry Prohibition Act.
In the matter of : Majedur Rahaman Anr.
Mr. Debashish Roy,
Mr. Shiladitya Banerjee,
Mr. Arif Molla.
…for the Petitioners.
Mr. Sudip Ghosh,
Mr. Apurba Kr. Datta.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that the petitioner
no.2 is the married sister-in-law of the victim housewife and the
petitioner no.1 is her husband. It is also submitted that they did
not reside at the matrimonial home of the victim housewife during
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the victim housewife was brutally
assaulted and murdered at her matrimonial home.
Having considered the materials on record and keeping in
mind the extent of complicity of the petitioners in the alleged crime
and in the light of the aforesaid submission that they were not at
the place of occurrence when the incident occurred, we are of the
opinion though custodial interrogation of the petitioners are not
necessary, they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners viz., Majedur Rahaman and Firdousi Begum 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 on
further condition that 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.)