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Nurbanu Bibi vs Unknown on 19 March, 2019


112 19.03.2019 C.R.M. 3281 of 2019
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 15.03.2019 in connection with
Beldanga P.S. Case No.197 of 2017 dated 19.04.2017 under Sections
498A/302 of the Indian Penal Code.


In the matter of: Nurbanu Bibi
Mr. Jisan Iqubal Hossain
… for the petitioner
Mr. Saswata Gopal Mukherjee, ld. P.P.
Mr. Aniket Mitra
… for the State

It is submitted on behalf of the petitioner that the petitioner is the

married sister-in-law of the victim-housewife and there is considerable delay
in lodging first information report.

Learned counsel for the State opposes the prayer for anticipatory


We have considered the materials on record and bearing in mind

the fact that there is inordinate delay in lodging first information report, that

is, seven months after the incident, we are of the opinion that custodial

interrogation of the petitioner may not be necessary and she may be granted

anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner

shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten

Thousand only) with two sureties of like amount each, to the satisfaction of

the arresting officer and also be subject to the conditions as laid down under

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

before the court below and pray for regular bail within a fortnight from date.

The application for anticipatory bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied for, be

supplied expeditiously after complying with all necessary legal formalities.

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

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