Makbul Haque v. State Of West Bengal

C.R.M. 4625 of 2019 sg/ks 04-06-2019 Ct. No.36 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30-05-2019 in connection with Rajganj P.S. Case No. 58/2019 dated 01.03.2019 under Sections 498A/326/307 of the Indian Penal Code and adding Section 302 of the Indian Penal Code.

(Allowed) Makbul Haque

Versus

State of West Bengal Ms. Jeenia Rudra, Adv.

...for the petitioner Vacation Bench Mr. Goutam Wilson, Adv.

...for the State Liberty to amend the cause title of the petition. The petitioner is the father-in-law of the victim who subsequently succumbed to her burn injuries.

Learned lawyer for the State opposes the prayer for anticipatory bail and produces the case diary and refers to the dying declaration of the victim wherefrom it appears that the entire thrust of the allegation is towards the husband of the victim. Considering the materials in the case diary and in view of the extent of complicity of the petitioner, there is no necessity for custodial interrogation of the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and he shall appear before the court below and pray for regular bail within a period of four weeks from date. The application for anticipatory bail is, accordingly, allowed. Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)