Calcutta High Court (Appellete Side)
Nurul Islam vs Unknown on 7 January, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 79 07.1.2019
C.R.M. 11380 of 2018 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11/12/2018 in connection with Panskura P.S. Case No.524 of 2018 dated 26/10/2018 under Sections 498A/307/34 of the Indian Penal gd Code and Section 4 of the Dowry Prohibition Act added with Section 302 of the Indian Penal Code.
And In the matter of: Nurul Islam.
....petitioner.
Mr. Amal Krishna Samanta ...for the petitioner.
Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.
The petitioner seeks anticipatory bail in connection with Panskura P.S. Case No.524 of 2018 dated 26/10/2018 under Sections 498A/307/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act added with Section 302 of the Indian Penal Code.
The petition is by the father-in-law of the wife who, according to the State, has left a dying declaration.
The relevant document makes out that the husband was responsible for the then incumbent unnatural death of the wife.
Considering such material, there may not be any need to take the petitioner into custody at this stage.
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), 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 laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) (Suvra Ghosh, J.)