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Calcutta High CourtCRM/2004/2021allowed

Fakir Sk And Others v. State Of West Bengal

2021-08-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

32.

04-08-2021 (ct. no.32) sb CRM 2004 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No.624 of 2020 dated 07.12.2020 under Sections 498A/307/34 of the Indian Penal Code.

- A n d - In the matter of : Fakir Sk. & Ors.

.... Petitioners.

Mr. Snehansu Majumder ... For the Petitioners.

Mr. S.G. Mukherjee, Ld. PP Mr. Aniket Mitra ... For the State.

The petitioners are the parents-in-law and brothersin-law of the victim lady and plead innocence. The husband of the victim is in custody. It is submitted on behalf of the petitioners that the petitioners at all material times resided separately from the victim and her matrimonial family. The State refers to the Case Diary including the statement of the victim prior to her death.

We have considered the material in the Case Diary. The victim has named her husband as the person who set her on fire.

The husband is in custody. It is stated on behalf of the petitioners that charge-sheet has been submitted. Considering the material on record and in view of the extent of complicity of the petitioners in the alleged crime, we are inclined to hold that immediate custody of the interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

Accordingly, 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, 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. The application for anticipatory bail being CRM 2004 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. )