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Calcutta High CourtCRM/2824/2021allowed

Rahana Bibi @ Rian Bibi And ANR v. State Of West Bengal And ORS.

2021-07-30Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

128.

30.07.2021 Ct.32 Tanmoy Allowed C.R.M. 2824 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18/03/2021 in connection with Kandi Police Station Case No. 545 dated 14/12/2020 under Sections 498A/326/307/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. And In the matter of: - Rehana Bibi @ Rina Bibi and Anr. ....petitioners.

Mr. Navanil De for the petitioners.

Mrs. Sreyashee Biswas, Ms. Puja Goswami ...for the de facto complainant ...

Ms. Zareen N. Khan, Md. Kutubuddin ...for the State.

The allegation is under Sections 498A/326/307/34 of the Indian Penal Code. The petitioners are the daughter of the married sister-in-law and the married sister-in-law respectively of the complainant victim.

We are told that the complainant has reunited with the husband and they are living together. The de facto complainant is represented before us.

In view of the above, we are of the opinion that custodial interrogation of the petitioners is not required, who in any event reside separately from the complainant.

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.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 2824 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)