Sahalam Khan And ORS v. State Of West Bengal

C.R.M. (A) 1947 of 2022 28.04.2022 Sl. 25 Court No.29 sourav (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station Case No. 68 of 2022 dated 08.03.2022 under Sections 498A/304B/302/34 of the Indian Penal Code. And In the matter of: Sahalam Khan & Ors.

....petitioners.

Mr. Suman De Mr. Ranjit Singh ...for the petitioners.

Mr. Partha Pratim Das Ms. Manasi Ray ...for the State.

Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the husband is in custody. There are hardly any materials implicating any of the petitioners.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the First Information Report lodged.

The first two petitioners stand implicated at the behest of the defacto complainant.

Consequently, we are unable to grant anticipatory bail to the petitioner nos. 1 (Sahalam Khan) and 2 (Najima Begum). So far as the other petitioners are concerned, considering their involvement in the incident, we grant anticipatory bail to them. Accordingly, we direct that in the event of arrest, the petitioner nos. 3 (Bokkar Khan), 4 (Sarmina Begum) shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Procedure, 1973 and on condition that the petitioner no. 3 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and the petitioner no. 4 will cooperate with the Investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1947 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)