91 IN THE HIGH COURT AT CALCUTTA
Criminal Miscellaneous Jurisdiction
ata C.R.M. No.7449 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 11th September, 2018 in
connection with Bagnan Police Station Case No. 39 of 2018 dated
04.02.2018 under Sections 498A/306/34 of the Indian Penal Code.
Sayed Maidul Islam @ Saiyed Mohidul Islam Anr.
The State of West Bengal
Mr. Anindya Ghosh …for the petitioners
Mr. Pravas Bhattacharya
Mr. Kaushik Majumder … for the State
The petitioners seek anticipatory bail in connection with Bagnan
P.S. Case No.39 of 2018 dated February 4, 2018 under sections
498A/306/34 of the Indian Penal Code.
The petitioners claim that they have been falsely implicated at
the instance of the father of the female victim. According to the
petitioners, the lady and her minor child were hit by a moving train
while attempting to cross the train tracks.
The State produces the case diary and the post-mortem
reports. The reports indicate that the death in either case may have
been as a result of the injuries suffered. Considering that the
incident took place on railway tracks or thereabouts it is more than
likely that the death in either case may have been accidental due to
the victims being hit by a moving train.
Considering the materials, there may not be any need to take
the petitioners into custody. In any event, the victim was married to
the husband for ten years at the time of her death.
Accordingly, in the event of arrest, the petitioners will be
granted bail upon furnishing a security of Rs.10,000/- (Rupees ten
thousand only) each, with two sureties of Rs.5,000/- (Rupees five
thousand only) each, one of whom must be local, to the satisfaction
of the arresting officer, subject to the conditions as laid down in
section 438(2) of the Code of Criminal Procedure, 1973. In addition,
the petitioners will also report to the investigating officer at such time
and place as may be specified by the concerned police officer.
The prayer for anticipatory bail is allowed subject to the
conditions as indicated above.
Certified copy of this order be immediately made available to the
parties subject to compliance with all requisite formalities.
[Abhijit Gangopadhyay, J] [Sanjib Banerjee, J]