C.R.M. 10767 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13.11.2019 in connection
with Mothabari P. S. Case No.356 of 2019 dated 20.08.2019 under
Sections 498A/Section304B/Section506/Section34 of the Indian Penal Code.
In the matter of : Sajiul Sekh @ Sajjan Ors.
Mr. Arup Kr. Bhowmick.
…for the Petitioners.
Mr. Saswata Gopal Mukherjee, ld. P.P.,
Mr. Aniket Mitra.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that the victim
housewife suffered accidental burn injuries. Victim survived for
ten days and upon her death, the instant case was belatedly
lodged on false and frivolous grounds.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail.
Having considered the materials on record and keeping in
mind the nature of allegations in the light of the aforesaid
submission that the victim suffered accidental burn injuries which
finds corroboration from the entry made in the medical papers at
page 32 of the Case Diary, we are of the opinion custodial
interrogation of the petitioners is not necessary and they may be
granted anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioners 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 subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure,
1973 and on condition that the petitioners shall appear before the
trial court and pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh,J.) (Joymalya Bagchi, J.)