C.R.M. 6759 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 Minakhan P. S. Case No.353 of 2018 dated 27.11.2018 under
Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code and
Section 3 / Section4 of the Dowry Prohibition Act.
In the matter of : Monirul Molla Ors.
Mr. Kallol Kr. Basu,
Mr. Anubrata Dutta,
Mr. Debapriya Roy.
…for the Petitioners.
Mr. Saibal Bapuli, ld. A.P.P.,
Mr. B. Bhattacharya.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that the charge
sheet was filed against them for commission of offence under
Section 498A/Section34 of the Indian Penal Code only. It is also
submitted that the principal accused i.e. the husband is in
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the victim housewife was
tortured and suffered unnatural death within two years of
Having considered the materials and keeping in mind the
extent of complicity of the petitioners in the alleged crime and as
the principal accused is in custody, we are inclined in granting
anticipatory bail to them.
Accordingly, we direct that in the event of arrest the
petitioners viz., Monirul Molla, Jiyarul Molla @ Jearul Molla, Isma
Bibi @ Nurjahan Bibi and Sahina bibi @ Sahida @ Saina 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.)