CRM 6389 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 19.07.2019 in connection with Anandapur Police
Station Case No. 14/19 dated 02.02.2019 under Sections 498A/Section302/Section201/Section34
of the Indian Penal Code and Sections 3/Section4 of the Dowry Prohibition Act.
In Re: Sk. Habibul Rahaman Ors.
… … Petitioners.
Mr. Pravash Bhattacharya
… for the petitioners.
Mr. Saibal Bapuli, Ld. A.P.P.
Mr. Bibaswan Bhattacharya,
… … for the State.
It is submitted on behalf of the petitioners that they are in-laws of the
victim housewife and they have been falsely implicated in the instant case. It is
also submitted that the petitioner Nos.1 and 2 ordinarily reside at Delhi in
connection with their employment. It is further submitted that the petitioner
No.4, brother-in-law of the deceased housewife, resides in a different village.
Similarly, petitioner Nos.5 and 6 being the married sister-in-law of the victim
housewife ordinarily reside at their matrimonial homes in different villages. It is
claimed that the petitioner No.3, mother-in-law of the housewife, resides with
Learned counsel appearing on behalf of the State opposes the prayer for
anticipatory bail and submits that the victim housewife was set ablaze at her
Having considered the materials on record, we are of the opinion that the
petitioner Nos.1, 2, 4, 5 and 6, being in-laws of the victim housewife, do not
ordinarily reside in the matrimonial home of the victim housewife. Under such
circumstances, we are inclined to grant anticipatory bail to the petitioner Nos.1,
2, 4, 5 and 6.
However, in view of the materials on record disclosing prima facie
involvement of petitioner No.3, mother-in-law of the victim housewife, in the
alleged crime and whose plea of separate residence does not appear to be
convincing, we are not inclined to grant anticipatory bail to the petitioner No.3.
Accordingly, we direct that in the event of arrest, the petitioner Nos.1, 2, 4,
5 and 6 be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten
thousand only) each, 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 on condition that the
petitioner Nos.1, 2, 4, 5 and 6 shall appear before the court below and pray for
regular bail within a period of four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)