The Court granted anticipatory bail to the petitioner, mother-in-law of the deceased, who was not previously arrayed as an accused. Bail was subject to security and conditions under Section 438(2) Cr.P.C.
Application for anticipatory bail granted; petitioner to furnish security of Rs. 10,000 and comply with Section 438(2) Cr.P.C. conditions.
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08.10.2020 s/l.45
UB CRM 7473 of 2020 C.R.A.N. 1 of 2020
(Via Video Conference)
In the matter of : Halima Bibi @ Halema Bibi
….. petitioner
Re : An application under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No.339/2020 dated 09.07.2020 under Sections 498A/313 of the Indian Penal Code.
Mr. Mritynjoy Chatterjee Md. Golam Nure Imrohi … for the petitioner Ms. Sukanya Bhattacharya Ms. Sonali Das … for the State
The Advocate-on-record for the petitioner undertakes to affirm properly stamp the petition under the Rules within 48 hours of assumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.
The incident occurs on 23rd November, 2019, F.I.R. was filed on 9th July, 2019. The principal accused, the husband, was enlarged on bail on 5th March, 2020 by an appropriate Bench of this Court.
Under those circumstances, the petitioner, mother-in-law of the deceased, not arrayed since the incident till date, is granted anticipatory bail.
In the event of arrest, the petitioner will be released upon furnishing security of Rs.10,000/- (Rupees Ten Thousand) together with personal release bond of equivalent value to the satisfaction of the arresting officer.
The petitioner shall also comply with the conditions laid down in Section 438(2) of the Cr.P.C.
2
C.R.M. 7473 of 2020 and CRAN 1 of 2020 are, accordingly,
disposed of.
(I. P. Mukerji, J.)
(Hiranmay Bhattacharyya, J.)
1 issue framed by the court
Whether the mother-in-law of the deceased, not previously arrayed as an accused, is entitled to anticipatory bail in a case under sections 498A/313 of the Indian Penal Code.
1 provisions across 1 enactments
Halima Bibi @ Halema Bibi
State
I. P. Mukerji
Hiranmay Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
