C. R. M. 4575 of 2018
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 06.07.2018 in connection with Duttapukur Police Station Case No. 454
of 2018 dated 26.05.2018 under Sections 498A/306/34/302/201 of the Indian Penal Code.
In Re: Sarifuddin @ Md. Sarifuddin @ Sariful Ors.
… … Petitioners
Mr. Amitabha Karmakar .. Advocate
Mr. Arup Kumar Bhowmick .. Advocate
… … for the petitioners
Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Ms. Faria Hossain .. Advocate
… … for the State
It is submitted on behalf of the petitioners that they are the in-laws of the victim-
housewife and that the principal accused i.e. the husband is presently in custody. It is
further submitted that the victim-housewife committed suicide after eight years of marriage
and that they have been falsely implicated in the instant case.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the victim-housewife was tortured by the petitioners.
We have considered the materials on record. We note that the incident occurred
eight years after marriage. Hence, statutory presumptions under Sections 113A/113B of
the Indian Penal Code are not attracted in the facts of the present case. The allegations of
torture so far as the petitioners are concerned are general and omnibus in nature. It is
also relevant to note that the cause of death is due to hanging. Under such
circumstances, we are of the opinion though custodial interrogation of the
accused/petitioners may not be necessary in the facts of the present case, they require to
co-operate with the investigation in accordance with law.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Sarifuddin @ Md. Sarifuddin @ Sariful, (2) Sahanara Bibi @ Sanu Bibi
(3) Morjina Bibi @ Hashi Bibi, be released on bail upon furnishing a bond of Rs.10,000/-
(Rupees Ten thousand only) only, with two sureties of like amount each, to the
satisfaction of the arresting officer and also subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that
petitioner no.1 shall meet the Investigating Officer once in a week until further orders and
shall appear before the court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)