Amirul Mia And ORS v. The State Of West Bengal And ANR

20.02.2025 Sl. No.37 akd [ALLOWED] C. R. M. (A) 593 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 07.02.2025 in connection with Gangarampur Police Station Case No.632 of 2024 dated 26.11.2024 under Sections 85/80/103(1)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Dowry Prohibition Act and Section 6 of the POCSO Act. And In Re: Amirul Mia & Ors.

... ... Petitioners Mr. Kaushik Choudhury ... ... for the petitioners Ms. Baisali Basu Md. Yaser A. Ismail ... ... for the State 1.

It is submitted on behalf of the petitioners that they are the inlaws of the victim girl. Victim and her husband were residing separately. Victim committed suicide. Her husband is in custody. Accordingly, they pray for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail and submits petitioners had tortured the victim who was a minor. She committed suicide.

3.

We have considered the materials on record. Victim was married to the principal accused i.e. the husband 31⁄2 years ago. Petitioners are her in-laws. There was a matrimonial dispute. Victim and her husband started residing separately. She committed suicide while the couple was residing separately from the petitioners. Keeping in mind the extent of complicity of the petitioners in the crime, we are of the opinion their custodial interrogation is not necessary and they may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Amirul Mia, (2) Yachin Miya @ Yeachin Mia & (3) Anowara Bibi @ Anoara Bibi, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)