1
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.
And
In the matter of: Nurbanu Bibi
…Petitioner
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
Allowed
in lodging first information report.
Learned counsel for the State opposes the prayer for anticipatory
bail.
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.)
2