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Judgments of Supreme Court of India and High Courts

Rakibul Mondal & Ors vs Unknown on 27 August, 2019

1

27.08.2019

Item no. 15
Ct. No.32
CHC
Partly Allowed

C.R.M. No.7606 of 2019

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.08.2019 in connection
with Baduria Police Station Case No. 319 dated 17.07.2019 for
alleged offence punishable under Sections
498A/323/406/376/511/34 of the Indian Penal Code and 3/ 4 of
the D.P. Act.

And

In the matter of:-

Rakibul Mondal ors.

….Petitioners

Md. Younush Mondal
… for the petitioners

Mr. Sudip Konar
…for the State

This application has been moved by the petitioners

apprehending arrest in connection with Baduria Police Station

Case No. 319 dated 17.07.2019 for alleged offence punishable

under Sections 498A/323/406/376/511/34 of the Indian Penal

Code and 3/ 4 of the D.P. Act.

Learned advocate for the State opposes the prayer for

anticipatory bail.

2

Since we find complicity against accused nos.1 and 2, we are

not inclined to release them on anticipatory bail.

On perusal of the Case Diary, we find from the medical report

that injuries are there on the victim and some indications have

been made against accused Nos.1 and 2.

So far as the accused No.3, Anuyara Bibi is concerned, we do

not find any complicity against her and therefore, we deem it not

appropriate for custodial interrogation of the mother-in-law,

accused No.3, Anuyara Bibi.

Accordingly, we direct that in the event of arrest, the

accused/petitioner No.3, Anuyara Bibi shall be released on bail

upon furnishing a bond of Rs.10,000/- (Rupees ten thousand

only), with two sureties, one of whom must be local, to the

satisfaction of Arresting Officer and on further condition that the

accused shall comply with the conditions in Section 438 (2) of the

Code of Criminal Procedure, 1973 and on further condition that

petitioner No.3 shall ensure her appearance before the trial Court

and obtain regular bail within 15 days from date.

The petition for anticipatory bail of the petitioner no.3 is

allowed subject to the conditions as indicated above.

C.R.M. No.7606 of 2019 stands disposed of.
3

A certified copy of this order be immediately made available to

the petitioner no.3 subject to compliance of all requisite

formalities.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)

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