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Procedure Filed On 17.06.2019 vs In Re: 1. Hayat Biswas @ Hayet … on 20 June, 2019


Sl. No.21
C. R. M. 5053 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.06.2019.

In Re: 1. Hayat Biswas @ Hayet Biswas 2. Tokhila Bibi @ Toslima Bibi

3. Pali bibi @ Jesmin Shanaj Parvin
… … Petitioners

Ms. Minoti Gomes
Mr. Jisan Iqubal Hossain.

… … for the petitioners

Mr. Rudradipta Nandy
… … for the State

Apprehending arrest in course of investigation of Domkal Police Station FIR No. 1015 of

2018 dated 29th December, 2018 under Sections 498A/Section304B/Section34 of the Indian Penal Code, the

petitioners (parents-in-law and sister-in-law of the victim) 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 witnesses recorded under Sectionsection 161 of the Code

of Criminal Procedure and the post-mortem report of the victim. The report reveals that no

external injury could be detected by the autopsy surgeon and the cause of death of the victim has

been kept reserved till availability of the chemical analysis report of the viscera. We find from the

statements of the witnesses that the victim, since her marriage, was fragile and for most of the

times since marriage, lived in her paternal home. The only allegation levelled against the

petitioners is that despite knowing such physical condition of the victim, they had brought her to

her marital home. However, the victim’s husband has since been released on bail.

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.)

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