Hasina Bibi v. State Of West Bengal

(AD) 18.04.2022 C.R.M. (A)1718 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi P.S. Case No.36 of 2022 dated 01/02/2022 under Sections 306/34 of the Indian Penal Code.

And In the matter of: Hasina Bibi ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Ms. Zareen N. Khan Mr. Ashok Das ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complaint was lodged pursuant to an order passed by the learned Magistrate under Section 156(3) of the Code of Criminal Procedure. He submits that there is a delay of at least seven months between the so-called abetment of suicide and the lodgment of the First Information Report. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. She submits that the victim was in an illicit relationship with the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the fact that three other co-accuseds were enlarged on anticipatory bail by the jurisdictional Court, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the

petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) 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 and on further condition that the petitioner will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1718 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)