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Sekh Umar Ali @ Omar Ali vs Unknown on 12 September, 2017



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
… petitioners
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

Court below.

(Debi Prosad Dey, J.) (Dipankar Datta, J.)

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