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Shyamali Bibi @ Munjila Bibi vs Unknown on 13 September, 2017



C.R.M. 8180 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.
In the matter of : 1. Shyamali Bibi @ Munjila Bibi

2. Saddam Sk.

3. Kadam Sk. @ Dildar Hossain

4. Motihar Sk. @ Motihar

5. Selina Bibi
… petitioners

Mr. Subrata Roy
…..For the petitioners

Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Rudradipta Nandy
……For the State

Apprehending arrest in course of investigation of

Bhagwangola Police Station F.I.R. No. 263 of 2017 dated 3rd

July, 2017 under Sections 498A/304B/306/34 of the Indian

Penal Code, the petitioners [sister-in-law (nanad), brothers-in-

law, father-in-law and sister-in-law (jaa) of the victim] have

applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary. It appears on perusal

of the case diary that after 3½ years of married life, the victim

committed suicide.

The allegations against the petitioners, as appearing from

the statements of the neighbours recorded under Section 161

Code of Criminal Procedure (hereafter the ‘Cr.P.C.’), are general

in nature.

We are, thus, of the considered view that custodial

interrogation of the petitioners is not necessary for meaningful

progress of investigation of the F.I.R., and that they are entitled

to 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 arresting officer and also subject to the

conditions as laid down in sub-section (2) of Section 438 of the


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

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