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Judgments of Supreme Court of India and High Courts

Of 2018 Dated 26.05.2018 Under … vs In Re: Sarifuddin @ Md. Sarifuddin … on 10 July, 2018

1

10.07.18

Sl. No.62
akd
[ALLOWED]
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.

And
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
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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.)

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