Sk Anowara & ORS v. State Of West Bengal

15.12.2020 Court No.28 SL No.80 AP CRM 2669 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jagatballavpur P.S. Case No.291 of dated 21.10.2019 under Sections 498A/307/34 of the Indian Penal Code.

And In the matter of: Sk. Anowara & Ors.

....Petitioners.

Ms. Juin Dutta Chakraborty ...for the Petitioners.

Mr. Tanmoy Kumar Ghosh, Ms. Bula Banerjee ...for the State.

It is submitted on behalf of the petitioners that the principal accused i.e. father-in-law of the victim housewife is on regular bail. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have examined the statement of the victim housewife under Section 164 of the Code of Criminal Procedure. Petitioners are in-laws of the victim housewife and they did not appear to be the principal accused who assaulted the victim housewife on the face. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners 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 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, allowed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)