Aklima Beoya@Akhli Bewa v. State Of West Bengal

20.

18-08-2021 (ct. no.32) ssi Allowed (Via Video Conference) CRM 1451 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 439 of 2020 dated 22.12.2020 under Sections 498A/304B/34 of the Indian Penal Code.

- A n d - In the matter of : Aklima Beoya @ Akhil Bewa. .... Petitioner.

Mr. Bitasok Banerjee Mr. A. Salam ... For the Petitioner.

Mr. Tanmay Kumar Ghosh Ms. Sima Biswas ... For the State.

The petitioner is the mother-in-law of the victim lady. The petitioner says that the allegations are primarily directed against the victim's husband. The husband has been enlarged on bail after being arrested. The petitioner prays for anticipatory bail.

We have seen the material in the case diary including the FIR. The thrust of the allegation is against the victim's husband. The petitioner is 66 years old. She says that she will fully co-operate with any further investigation. Charge-sheet has already been filed.

On an overall assessment of the facts and circumstances of the case, we are of the view that immediate custodial interrogation of the petitioner is not necessary so long as she co-operates with further investigation, if any.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders. In the event the petitioner fails to adhere to any of the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 1451 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )