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Judgments of Supreme Court of India and High Courts

Saida Bibi & Ors vs Unknown on 6 February, 2019

1

132 06.02.2019

rkd Ct. No.28
(P.Allowed)

C.R.M. 932 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18/01/2019 in
connection with Debra P.S. Case No. 469 of 2018 dated
18/08/2018 under Sections 498A/325/307/34 of the Indian
Penal Code and under Sections 3/4 of the D.P. Act.

And

In the matter of: Saida Bibi Ors.

….petitioners.

Mr. H. S. Poddar
…for the petitioners.

Mr. S. Nag
…for the State.

It is submitted on behalf of the petitioners that the victim

attempted to commit suicide at her paternal home. It is further

submitted that the allegations against the petitioners are general

and omnibus in nature.

Learned counsel appearing on behalf of the State opposes

the anticipatory bail and submits that the victim tried to commit

suicide after receiving phone call from her matrimonial home.

Having considered the materials in the case diary prima

facie disclosing involvement of the petitioner no.3 in the alleged

crime, we are not inclined to grant anticipatory bail to petitioner

no.3. However, keeping in mind the extent of complicity of the

petitioner nos.1, 2, 4 5 in the alleged crime, we are inclined to

grant anticipatory bail to the petitioner nos.1, 2, 4 5 .

In the event of arrest, the petitioner nos.1, 2, 4 5 shall

be released on bail upon furnishing a Bond of Rs. 10,000/- each

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.

2

The application for anticipatory bail is, thus, disposed of.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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