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The Indian Penal Code vs In Re: Raphikul Islama @ Islam … on 22 July, 2019



Sl No.74
CRM 6369 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 18.07.2019 in connection with Memari Police
Station Case No. 310 of 2019 dated 13.06.2019 under Sections 498A/Section302 of
the Indian Penal Code.


In Re: Raphikul Islama @ Islam Mandal Ors.

… … Petitioners.

Mr. Uday Sankar Chattopadhyay,
Ms. Snigdha Saha,
Mr. S. Das
… for the petitioners.

Mr. Bidyut Kr. Roy,
Ms. Rita Datta
… … for the State.

It is submitted on behalf of the petitioners that the incident occurred 27

years after marriage and there is no direct evidence connected the petitioners

with the alleged offence.

Learned counsel appearing on behalf of the State opposes the prayer for

anticipatory bail and submits that the petitioners administered poisonous

medicine to the victim lady.

We have considered the materials on record including the statement of the

son of the victim at page 62 of the case diary. There is no direct evidence that

any of the petitioners had administered medicine to the victim lady on the fateful

night. In view of the aforesaid facts and keeping in mind the fact that the victim

suffered unnatural death 27 years after marriage, we are inclined to grant

anticipatory bail to the petitioners.


Accordingly, we direct that in the event of arrest, the petitioners be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only) each, with two sureties of like amount each, to the satisfaction of the

arresting officer and also be 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 meet the investigating officer once in a week until further orders

and on condition that the petitioners shall appear before the court below and

pray for regular bail within a period of four weeks from date.

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

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

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