C.R.M. 8114 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.
In the matter of : 1. Sekh Umar Ali @ Omar Ali
2. Saehar Bibi @ Salehar
3. Aklima Bibi @ Maleka Bibi
Ms. Minoti Gomes
…..For the petitioners
Mr. Arijit Ganguly
Mr. Sanjib Kumar Dan
……For the State
Apprehending arrest in connection with Kandi Police Station
F.I.R. No. 347 of 2017 dated 3rd May, 2017 under Sections
498A/325/307/313/34 of the Indian Penal Code and Sections 3/4
of the Dowry Prohibition Act, the petitioners (parents-in-law and
sister-in-law of the victim) have applied for anticipatory bail.
We have heard learned advocates for the parties and perused
the materials in the case diary, more particularly statement of the
victim recorded under Section 161 of the Code of Criminal
Procedure. It appears from the case diary that the husband is on
bail. It also appears that upon completion of investigation police
report (charge-sheet) under Section 173(2) of the Code of Criminal
Procedure has been filed before the relevant magistrate.
We are of the considered view, in view of submission of charge-
sheet, that personal liberty of the petitioners may not be curtailed at
this stage and that they are entitled to a direction as prayed for.
The application, thus, stands allowed with the direction that
in the event of arrest, the petitioners shall be released on bail upon
furnishing bond of Rs.5,000/- each, with two sureties of like
amount each, one of whom must be local, to the satisfaction of the
(Debi Prosad Dey, J.) (Dipankar Datta, J.)