C.R.M. No. 4081 of 2019
In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 10.04.2019
in connection with Gangarampur Police Station Case No. 98 of 2017 dated 11.03.2017 under
Sections 498A/306/34 of the Indian Penal Code.
In Re: Ainul Molla ……… petitioner
Mr. Mazahar Hossain Chowdhury
…for the petitioner
Mr. S. S. Imam,
Mr. S. Kundu
…. for the State
Having considered the materials on record and bearing in mind
the extent of complicity of the petitioner, brother-in-law of the victim
housewife, who committed suicide 10 years after marriage and as the
statutory presumption under Section 113A of the Evidence Act is not
attracted in the facts of the case, we are of the opinion that the
petitioner may be granted anticipatory bail.
Accordingly, we direct that 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 be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on further
condition that he shall appear before the court below and pray for
regular bail within a period of fortnight from date.
This application for anticipatory bail is, thus, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)