ad/ Ct. No.28 C.R.M. 1175 of 2018
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
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.)