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Judgments of Supreme Court of India and High Courts

Sarjina Begam Alias Jhuni Bibi vs Unknown on 13 February, 2018


60 13.02.2018
ad/ Ct. No.28 C.R.M. 1175 of 2018
ks (Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/02/2018 in
connection with Keshpur P.S. Case No. 73 of 2017 dated
21/09/2017 under Sections 498A/304B/302/120B/506/34 of
the Indian Penal Code read with Section 314 of Dowry
Prohibition Act.


In the matter of: Sarjina Begam alias Jhuni Bibi

Mr. G. Chatterjee,
Mr. U. Bhattacharyya.

…for the petitioner.

Mr. Saswata Gopal Mukherjee, P.P.,
Mr. Debojyoti Deb
…for the State.

It is submitted on behalf of the petitioner that the

petitioner is the married sister-in-law of the victim and she did

not play any role in the matrimonial life of the couple. It is

further submitted that the petitioner is in the family way.

Learned counsel for the State opposes the prayer for

anticipatory bail and submits that proclamation has been issued

against the petitioner.

Having considered the materials in the case diary, we find

that the petitioner was not residing with the matrimonial home of

the victim and is presently in the family way. Bearing in mind the

extent of complicity of the petitioner in the alleged crime and the

fact that she is in the family way, we are of the opinion that

custodial interrogation of the petitioner may not be necessary

and she may be granted anticipatory bail.

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 subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure, 1973.

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

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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