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Judgments of Supreme Court of India and High Courts

Rabiyal Molla & Ors vs Unknown on 16 August, 2019

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16.08.2019

.

27.
as
(Allowed).

C.R.M. 7238 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06.08.2019 in
connection with Singur P. S. Case No.184 of 2019 dated
24.06.2019 under Sections 498A/Section406/Section302 of the Indian Penal
Code.

In the matter of : Rabiyal Molla Ors.

… Petitioners.

Ms. Paulomi Banerjee.

…for the Petitioners.

Mr. Saswata Gopal Mukherjee, ld. P.P.,
Mr. Aniket Mitra
…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that they are in

laws of the housewife and the principal accused i.e. the

husband is in custody. It is also submitted that the incident

occurred eight years after marriage.

Learned Advocate appearing for the State opposes the

prayer for anticipatory bail and submits that the victim

housewife suffered unnatural death at her matrimonial home.

Having considered the materials on record and keeping in

mind the extent of complicity of the petitioners in the alleged
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crime and as the incident occurred eight years after marriage,

we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the

petitioners viz., Rabiyal Molla, Fatema Begum, Osman Molla

and Rejuwan Molla shall be released on bail upon furnishing a

bond of Rs.10,000/- each with two sureties of like amount each,

to the satisfaction of the arresting officer and subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioners

shall appear before the trial court and pray for regular bail

within four weeks from date.

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

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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