SB C.R.M. 6615 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11.07.2017
In the matter of :
2. Ajifa Bibi
Mr. Navanil De,
Mr. S. Biswas,
Ms. Ayantika R0y
…for the petitioners.
Mr. Saibal Bapuli,
Mr. Aroni Bhattacharyya …for the State.
Apprehending arrest in course of investigation of Rejinanagar
P.S. F.I.R. No. 48 dated 04.03.2017 under Sections 498A/302/34
of the Indian Penal Code read with Sections 3/4 of the Dowry
Prohibition Act, the petitioners (married sister-in-law and mother-
in-law of the victim) have applied for pre-arrest bail.
It is submitted by Mr. De, learned advocate appearing for the
petitioners that upon completion of investigation, police report
under Section 173(2) of the Code of Criminal Procedure (charge-
sheet) has already been submitted before the relevant magistrate;
hence, custodial interrogation of the petitioners is not necessary.
We have heard learned advocates for the parties and perused
the materials in the case diary, more particularly the injury report,
the post-mortem report as well as the statements of witnesses
recorded under Section 161 of the Code of Criminal Procedure
(hereafter Cr. P.C.). In view of the fact that the husband of the
victim is in custody and the charge-sheet has been submitted and
on consideration of the extent of the petitioners’ complicity, as
revealed from the case diary, we are of the considered opinion that
personal liberty of the petitioners may not be curtailed at this
stage and that they are entitled to direction, as prayed for.
Accordingly, C.R.M. 6615 of 2017 stands allowed with the
direction that in the event of arrest, the petitioners shall be
released on bail upon furnishing bond of Rs.5,000/- (Rupees Five
Thousand) each, with two sureties of like amount each, one of
whom must be local, to the satisfaction of the Court below.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)