Jomshed Ali@Jamsed Sk And ANR v. State Of West Bengal

13.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 121 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 602 of 2022 dated 06.09.2022 under Sections 498A/323/307 of the Indian Penal Code and under Sections 3/ 4 of the Dowry Prohibition Act with added Section 306 of the Indian Penal Code.

And In Re : Jomshed Ali @ Jamsed Sk & Anr.

...... petitioners Mr. S. S. Roy Mr. Debapriya Samanta ....for the petitioners Mr. Mausumi Sarkar ....for the State The police filed Charge-sheet.

The husband was granted bail by the Jurisdictional Court.

Apparently, the victim committed suicide.

The police complaint was lodged 13 years after marriage. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 condition that the petitioners

shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)