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Taiyeb Sk & Ors vs Unknown on 27 June, 2019





C.R.M. 4950 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.06.2019 in connection
with Ketugram P. S. Case No.9 of 2019 dated 10.01.2019 under
Sections 498A/Section304B/Section39 of the Indian Penal Code.

In the matter of : Taiyeb Sk Ors.

… Petitioners.

Mr. Sandip Chakraborty,
Mr. Diptendu Banerjee.

…for the Petitioners.

Mr. Binay Panda,
Mr. Subham Bhakat.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that the victim

housewife committed suicide due to differences with her husband.

It is also submitted that the petitioners are the in laws of the

victim housewife and/or friends of the husband. It is further

submitted that they do not play any role in the matrimonial life of

the victim.

Learned Advocate appearing for the State opposes for

anticipatory bail and submits that the petitioners had assaulted

the victim soon before the commission of suicide.

We have considered the materials on record including the

post mortem report. The allegation of assault by the petitioners is

not reflected by any external or internal injuries apart from the

ligature mark in the post mortem report. Principal accused i.e. the

husband is on regular bail.

Under such circumstances, we are inclined to grant

anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the

petitioners viz., Taiyeb Sk., Aroj Sk. alias Jalal Sk., Taiyeba Bibi,

Nasu Bibi, Sefali Bibi, Lal Sk. and Sadek Sk. shall be released on

bail upon furnishing a bond of Rs.10,000/- each with two sureties

of like amount each, to the satisfaction of the arresting officer and

subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on further condition that

the petitioners shall appear before the trial court and pray for

regular bail within a fortnight from date.

This application for anticipatory bail is, thus, disposed of.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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