January 21, 2019.
CRM 146 of 2019
In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
In the matter of:
Marjina Bibi @ Dulab
The State of West Bengal
Mr Usof Ali Dewan
Mr Asif Dewan
… for the petitioner.
Mr Tapan Deb Nandy
Ms Manasi Roy
… for the State.
The petitioner seeks anticipatory bail in connection with
Sagardighi Police Station Case No.90 of 2018 dated March 13, 2018
under Sections 498A/304B/34 of the Indian Penal Code.
The petitoner is the wife of a brother of the husband of the
victim. According to the petitioner, the husband was arrested and
enlarged on bail.
The State refers to some of the witness statements from the
case diary. It appears that the allegations are that the victim may
have consumed poison upon the victim being unable to bear the
treatment of her at the matrimonial home.
Considering such material, there may not be any ground to
detain the petitoner at this stage, particularly since the
investigation has been completed.
Accordingly, in the event of arrest, the petitioner is directed to
be released on bail upon furnishing a bond of Rs.10,000/- (Rupees
Ten Thousand Only) with two sureties of Rs.5,000/- (Rupees Five
Thousand Only) each, one of whom must be local, to the
satisfaction of the arresting officer, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973.
In addition, the petitioner will attend the trial on every day
that the matter is fixed and any default on the art of the petitoner
will entitle the trial court to cancel the bail without reference to this
The petition for anticipatory bail is allowed on the conditions
A certified copy of this order be immediately made available to
the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. )
( Suvra Ghosh, J. )