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Sk. Rafikul Hussain vs Unknown on 20 July, 2017


Item No.1060
(partly allowed)
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.)

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