C. R. M. 3645 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 28.03.2019 in connection with Manikchak Police Station Case No. 20
of 2019 dated 15.01.2019 under Sections 498A/306/34 of the Indian Penal Code read
with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No. 220 of 2019)
In Re: Md. Majirul Hoque @ Sajirul Hoque Ors.
… … Petitioners
Ms. Minoti Gomes .. Advocate
… … for the petitioners
Mr. Binay Kumar Panda .. Advocate
Mr. Subham Bhakat .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that the victim housewife committed
suicide eight years after marriage.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the petitioner no.1-husband had tortured his wife and subsequently given an
undertaking not to indulge in further torture. He subsequently breached such undertaking
and tortured his wife again. As a result, the victim-housewife committed suicide.
We have considered the materials on record. We find prima facie materials
connecting the petitioner no.1-husband with the torture upon the victim-housewife who
committed suicide. Hence, we are not inclined in granting anticipatory bail to the
accused/petitioner no.1 herein.
Accordingly, the prayer for anticipatory bail of the accused/petitioner no.1
namely, (1) Md. Majirul Hoque @ Sajirul Hoque is rejected.
However, keeping in mind the extent of complicity of the petitioner nos.2, 3, 4,
5, 6 7 herein namely, the in-laws of the victim-housewife in the alleged crime, we are of
the opinion that custodial interrogation of the accused/petitioner nos.2, 3, 4, 5, 6 7 is not
necessary in the facts of the present case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner nos. 2,
3, 4, 5, 6 7 namely (2) Jalil Sk., (3) Sonabhan Bibi, (4) Santana Khatun, (5) Sayela
Bibi @ Sayela Khatun, (6) Rekha Bibi (7) Ejajul @ Ejabul, be released on bail upon
furnishing 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 they shall appear before the court below and pray for regular
bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)