C. R. M. 4842 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 12.06.2019.
In Re: 1. Bulbuli Malakar 2. Golak Malakar @ Golak Ch. Malakar
3. Lalita Malakar
… … Petitioners
Mr. Rajdeep Mazumder
Mr. Moyukh Mukherjee
Mr. Asraf Mandal
Mr. Abhijit Singh.
… … for the petitioners
Mr. Ranabir Ray Chowdhury
Mr. Mainak Gupta.
… … for the State
Apprehending arrest in course of investigation of Tehatta Police Station FIR No. 202of
2019 dated 27th May, 2019 under Sections 498A/Section306/Section34 of the Indian Penal Code, the petitioners
[victim’s parents-in-law and sister-in-law (jaa)] have applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials in the case
diary including the statements of the child and the sister of the victim recorded under Sectionsection 164
of the Code of Criminal Procedure. The allegations are primarily directed against the husband of
the victim, who is in custody. There is dearth of materials in the case diary to link the petitioners
with the alleged crime; hence, they are entitled to directions as prayed for.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on
bail upon furnishing a bond of Rs.5,000/- (Rupees five thousand) each, 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.
The application for anticipatory bail is, thus, disposed of.
(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)