SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Under Sections 498A/302/304B/34 … vs In Re on 31 July, 2018

1

31.7.2018
02

Allowed
md.

CRM No. 5388 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 25.7.2018 in connection
with Uluberia Police Station Case No.262/2018 dated 14.04.2018,
under sections 498A/302/304B/34 of the Indian Penal Code;

And
In Re:-

Manowara Begum
@ Sekh Manuyara Khatun and another
… Petitioners

Mr.Anindya Ghosh, Advocate
..for the Petitioners

Mr. Saibal Bapuli, Ld. P.P.

Mr. Arani Bhattacharyya, Advocate
.. for the State

The petitioners seek anticipatory bail in connection with

Uluberia Police Station Case No.262/2018 dated 14.04.2018,

under sections 498A/302/304B/34 of the Indian Penal Code.

The petitioners are the mother-in-law and husband’s

brother, respectively, of the victim who succumbed to her burn

injuries. Though there is a statement where the victim

admitted to having attempted to commit suicide, the State

refers to the post-mortem report and the unusual feature of the

backside of the victim suffering more burn injuries than the

front.

The petitioners say that even the husband and the father-

in-law who were arrested have been granted anticipatory bail.

1
2

Since the statement attributed to the victim indicates that

she may have committed suicide, there may not be any need to

take the petitioners into custodial interrogation.

Accordingly, in the event of arrest, the petitioners will be

granted bail upon furnishing security of Rs.10,000/- (Rupees

ten thousand only) each, with two sureties of Rs.5,000/-

(Rupees five thousand only) each, one of whom must be local,

to the satisfaction of the Arresting Officer, subject to the

conditions as laid down in Section 438 (2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will also

report to the Investigating Officer at such time and place as

may be specified by the concerned police officer.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available

to the petitioners subject to compliance with all requisite

formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

2

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation