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Judgments of Supreme Court of India and High Courts

Procedure Filed On 11.06.2019 vs In Re: 1. Rajib Sk. 2. Muktaher Sk on 17 June, 2019

1

17.06.19
.12

C. R. M. 4754 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 11.06.2019.
And
In Re: 1. Rajib Sk. 2. Muktaher Sk.
3. Janna Bibi 4. Begu Bibi @ Begujan Bibi
… … Petitioners
Mr. Rajdeep Majumder
Mr. Mayukh Mukherjee
Mr. Asraf Mandal
Mr. Abhijit Singh.
… … for the petitioners
Mr. Saswata Gopal Mukhopadhyay
Mr. Aniket Mitra.
.

… … for the State

Apprehending arrest in course of investigation of Thanapara Police Station FIR No. 40 of

2019 dated 14th March, 2019 under Sections 498A/Section302/Section34 of the Indian Penal Code, the

petitioners (victim’s in-laws) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in the case

diary, more particularly, the statements of the son of the victim, aged about six years. His

statement that there was an altercation between the victim and her husband a day before she

committed suicide finds corroboration from the statements of the neighbours recorded under

Sectionsection 161 of the Code of Criminal Procedure (hereafter the SectionCr.P.C.).

Since the petitioner no.1, the victim’s brother-in-law has been taken into custody along

with her husband, the prayer for anticipatory bail at the instance of the petitioner no.1, stands

dismissed as not pressed.

Pressed
Allowed] However, there is no incriminating material of worth to connect the petitioners 2, 3 and 4 to

the alleged offences. That apart, on completion of investigation, police report (chargesheet) under
2

Sectionsection 173(2) of the Cr.P.C. has duly been submitted under Sectionsection 306 of the Indian Penal

Code.

In that view of the matter, we are of the opinion that this is a fit and proper case for the

admitting the petitioners 2, 3 and 4 to pre-arrest bail.

Accordingly, we direct that in the event of arrest, the petitioners 2, 3 and 4 shall be

released on bail upon furnishing a bond of Rs.5,000/- (Rupees five thousand) each, with two

sureties of like amount each, one of whom must be local, to the satisfaction of the court below and

also subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The application for anticipatory bail at the instance of the petitioners 2, 3 and 4 thus

succeeds.

(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)

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