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.
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.
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
Sectionsection 173(2) of the Cr.P.C. has duly been submitted under Sectionsection 306 of the Indian Penal
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
(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)