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Judgments of Supreme Court of India and High Courts

Penal Code vs In Re: Amena Bibi on 16 December, 2019

1

6.12.2019

l No.11
P
CRM 11576 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 06.12.2019 in connection with Shashan P.S. Case
No. 59/19 dated 25.05.2019 under Sections 498A/Section326/Section307 of the Indian
Penal Code.

And
In Re: Amena Bibi
… … Petitioner.

Mr. Angshuman Chakraborty,
Mr. S.S. Saha
… for the petitioner.

Ms. Sonali Bhar
… … for the State.

It is submitted on behalf of the petitioner that she is the mother-in-law of

the victim housewife and the principal accused i.e. husband of the victim is in

custody.

Investigating officer is present before this court and submits report

explaining why under Section 304B of the Indian Penal Code was not added to

the charge sheet. Explanation is accepted and the aforesaid report is kept on

record.

In view of the aforesaid materials on record including the statement of the

victim recorded under Section 164 of the Code of Criminal Procedure and

keeping in mind the extent of complicity of the petitioner in the alleged crime, we

are inclined to grant anticipatory bail to the petitioner.

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

on bail upon furnishing a 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
2

Code of Criminal Procedure, 1973 and on condition that the petitioner shall

appear before the court below and pray for regular bail within a period of four

weeks from date.

Presence of the Investigating Officer is noted and dispensed with.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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