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93 01.04.2019
rkd Ct. No.28 C.R.M. 3639 of 2019
(Allowed)

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.

And

In the matter of: Rofik Mollah @ Rafikul Sk.

….petitioner.

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.)