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Judgments of Supreme Court of India and High Courts

Monirul Molla & Ors vs Unknown on 31 July, 2019

1

31.07.2019

.

66.
as
(Allowed).

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.

… Petitioners.

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

custody.

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

marriage.

2

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.)

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