rkd Ct. No.28 C.R.M. 3639 of 2019
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 28/03/2019 in
connection with Kalna P.S. Case No. 517 of 2018 dated
11/10/2018 under Sections 498A/304B/306/34 of the Indian
Penal Code and under Sections 3/4 of the D.P. Act.
In the matter of: Rofik Mollah @ Rafikul Sk.
Mr. A. Biswas
…for the petitioner.
Mr. B. Panda,
Ms. P. Saha
…for the State.
It is submitted on behalf of the petitioner that he is the
husband of the sister-in-law of the deceased housewife and has
been falsely implicated in the instant case.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail and submits that the victim made
a statement implicating her husband and other in-laws.
We have considered the materials on record. We find that
the petitioner is not specifically named in the statement made by
the victim and the principal accused i.e. her husband has been
enlarged on bail. Under such circumstances, we are inclined to
grant anticipatory bail to the petitioner.
In the event of arrest, the petitioner shall be released on
bail upon furnishing a Bond of Rs. 10,000/- with two sureties of
like amount each to the satisfaction of the Arresting Officer and
also be subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 and on condition
that he shall appear before the court below and pray for regular
bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)