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Calcutta High CourtCRM (A)/130/2025allowed

Md. Hussain And ORS v. The State Of West Bengal

2025-01-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

14.01.2025 as [ALLOWED] C. R. M. (A) 130 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dalkhola Police Station Case No. 385 of 2024 dated 02.11.2024 under Sections 85/103/61(2)/3(5) of BNS, 2023.

In Re: Md. Hussain & Ors.

... ... Petitioners Mr. Niladri Sekhar Ghosh, ` Mr. Shaharayar Alam, Mr. Sourov Mondal.

... ... for the Petitioners Mr. Sandip Chakraborty, Mr. Dipankar Mahata.

... ... for the State 1.

Petitioners contend incident occurred ten years after marriage. Victim-housewife had committed suicide. Allegation of assault by the petitioners i.e. in-laws are false. Accordingly, they pray for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Witnesses including the deceased's son state victim was assaulted by inlaws. However, post mortem shows death was due to hanging. Apart from the ligature on the neck, no other marks of injury are evident.

4.

In light of the aforesaid circumstances, we are of the opinion petitioners may be granted anticipatory bail. 5.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, to the Signed By : ALOK SETH High Court of Calcutta 15 th of January 2025 05:09:44 PM

satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the BNSS. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 15 th of January 2025 05:09:44 PM