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Calcutta High CourtCRM (A)/1308/2023allowed

Mushlema Bibi @ Moshlema v. State Of West Bengal

2023-03-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

29.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1308 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 886 of 2022 dated 19.11.2022 under Sections 498A/306/34 of the Indian Penal Code. And In the matter of: Mushlema Bibi @ Moshlema & ors. ...... petitioners Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ....for the petitioners Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Aniket Mitra ....for the State Police filed charge-sheet.

The husband was enlarged on bail by the order dated March 2, 2023.

The petitioners before us are the in-laws.

Apparently, the wife committed suicide.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear on every date before the jurisdictional

court on and from the date fixed for appearance of the accuseds and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioners in court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)