C.R.M. 11083 of 2019
In Re.: An application under Section 438 of the Code of Criminal Procedure
filed on 26.11.2019 in connection with Raiganj Women Police Station Case
No. 77 of 2019 dated 27.05.2019 under Sections 498A/Section307/Section34 of the
Indian Penal Code added Sections 302/Section304B of the Indian Penal Code read
with Sections 3/Section4 of the Dowry Prohibition Act.
In Re : Sakir Ali Ors. ….. petitioners
Mr. Kaushik Choudhury
… for the petitioners
Mr. Pinak Mita
… for the State
Liberty is granted to the learned Counsel appearing for the
petitioners to correct the cause title.
It is submitted by the learned Counsel appearing for the petitioners
that they have been falsely implicated in the instant case and the husband
is presently in custody.
Learned Counsel appearing for the State opposes the prayer for
Having considered the materials on record including dying
declaration of the victim recorded at page no. 5 of the case diary wherefrom
it appears that petitioner no. 1 i.e. father-in-law of the victim housewife had
quarrels with the victim housewife immediately prior to her unnatural
death. In view of the aforesaid facts and the prima facie involvement of
petitioner no. 1 in the alleged offence, we are of the opinion that custodial
interrogation of petitioner no. 1 is necessary and this is not a fit case in
granting anticipatory bail to him.
The application for anticipatory bail in so far as petitioner no. 1
concerned is, thus, rejected.
However, keeping in mind the extent of complicity of the petitioners
no. 2 to 4 in the alleged crime, we are inclined to grant anticipatory bail to
Accordingly, we direct that in the event of arrest the petitioners no. 2
to 4 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 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 period of four weeks from date.
Accordingly application for anticipatory bail is allowed so far as
petitioners no. 2 to 4 are concerned.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)