C. R. M. 1703 of 2018
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 20.03.2018 in connection with Gazole Police Station Case No. 834 of
2017 dated 14.12.2017 under Sections 498A/325/368/34 of the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No. 5488 of 2017)
In Re: Sk. Serajul Anr.
… … Petitioners
Ms. Ujjaini Chatterjee .. Advocate
… … for the petitioner
Mr. Arijit Ganguly .. Advocate
Mr. Sanjib Kumar Dan .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they are the in-laws of the victim-
housewife and have been falsely implicated in the instant case out of a matrimonial
Learned Counsel for the State produces the case diary and opposes the prayer
for anticipatory bail.
Having considered the materials in the case diary and bearing in mind the
nature of allegations and the fact that the allegation of physical assault is not supported by
medical evidence, we are of the opinion that custodial interrogation of the
accused/petitioners is not necessary in the facts of the present case and they may be
granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Sk. Serajul (2) Serajul Bibi, be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten thousand only) each, 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.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)