SB C.R.M. 5614 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 16.06.2017
In the matter of :
Sk. Rafikul Hussain,
2. Sk. Md. Mohosin,
3. Mst. Rokia Bibi @ Begam,
4. Mostafijur Rahaman @ …………..,
5. Bacchu Khan
Ms. Devi Priya Mitra …for the petitioners.
Ms. Kumkum Mitra …for the State.
Apprehending arrest in course of investigation of Sutahata
P.S. FIR No. 42/2016 dated 17.01.2016 under Sections
498A/323/325/307/34 of the Indian Penal Code, the petitioners
(husband, parents-in-law and co-villagers of the victim) have
presented this application for a direction that in the event of such
arrest, they may be released on bail.
Having heard learned advocates for the parties and on
perusal of the materials in the case diary, we are of the considered
view that complicity of the petitioner no. 1 cannot be ruled out and
that he is not entitled to any relief. The application for
anticipatory bail at his instance is, thus, rejected.
However, since there is dearth of material in the case diary to
suggest involvement of the petitioners 2 to 5 in the alleged
offences, we are also of the considered view that curtailment of
their personal liberty for facing custodial interrogation may not be
necessary, at this stage.
It is, accordingly, directed that in the event of arrest, the
petitioners 2 to 5 shall be released on bail upon furnishing bond of
Rs.5,000/- (Rupees Five Thousand) each, with two sureties of like
amount each one of whom must be local, to the satisfaction of the
arresting officer and subject to the conditions as laid down in sub-
section (2) of section 438 of the Cr. P.C.
C.R.M. 5614 of 2017 thus stands disposed of.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)