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Sabina Bibi vs Unknown on 10 August, 2017


Item No.818
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 :

Sabina Bibi,

2. Ajifa Bibi
…. petitioners.

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.)

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