Mst Saima Bibi @ Sahanara Bibi v. State Of West Bengal

38.

15-09-2021 (ct. no.32) debajyoti CRM 2380 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghatal Police Station Case No.314 of 2018 dated 24-102018 under Sections 498A/323/506/307/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

- A n d - In the matter of : Mst Saima Bibi @ Sahanara Bibi .... Petitioner.

Mr. Suman Das Adhikary, Mr. Raneshwar Sinha ... For the Petitioner.

Mr. Imran Ali, Mr. Nirupam Dhali ... For the State.

The petitioner is the married sister-in-law of the complainant. She says that at all material times, she resides separately from the victim. The charge is of torturing, dowry demand and attempted murder. She says that she has no role to play in the alleged offence. The principal accused, who is the husband of the victim, is in custody. The other accused persons including the in-laws of the victim have been enlarged on bail by the learned trial Court.

We have considered the material in the Case Diary including the statements of neighbours. The statements are general and omnibus in nature. We have also considered the injury report. The injury is nothing significant. Charge Sheet has already been submitted.

On an overall assessment of the facts and circumstances of the case and the material on record, we are of the view that immediate custodial interrogation of the petitioner is not necessary.

Accordingly, in the event of arrest, the petitioner, namely, Mst Saima Bibi @ Sahanara Bibi, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. 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 2380 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. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )