Abdul Ohid Mandal And ANR v. State Of West Bengal

19.01.2021 Item No.192 Ct.No.28 dc.

C.R.M. 188 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In Re :

Abdul Ohid Mandal & Anr.

... Petitioners.

Mr. Mazahar Hossain Chowdhury ... For the Petitioners.

Mr. S. G. Mukherji, ld. P.P., Mr. Aniket Mitra ... For the State.

On the prayer of the learned advocate appearing for the petitioners, the application in respect of petitioner no.1, viz. Abdul Ohid Mandal is dismissed as not pressed. Apprehending arrest in connection with Amdanga P.S. Case No. 732 of 2020 dated 04.11.2020 under Sections 498A/304B of the Indian Penal Code, 1860, the present application has been preferred by the petitioner no.2. The learned advocate appearing for the petitioner no.2 submits that the petitioner no.2 has been falsely implicated and that an in-law of the victim girl has already been granted anticipatory bail by a co-ordinate Bench of this Court. The allegations levelled against the petitioner no.2 are unfounded

and in view thereof, custodial detention of the petitioner no.2 is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations, we are of the opinion that custodial detention of the petitioner no.2, who is the mother-in-law of the victim, is not warranted.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner no.2, viz. Mamuda Bibi shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 188 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)