Amrul Sekh And ORS. v. State Of West Bengal

16/04/2025 D/L 39 Ct. No.28 (Allowed) C.R.M.(A) 1210 of 2025 (S.Kundu) In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rampurhat P.S. No. 434/24 dated 15.12.2024 under Sections 85/103(1)/3(5) of the BNS Act, 2023 along with 3/4 of the D.P. Act corresponding to G.R. Case No. 2275 of 2024 pending before the Additional Chief Judicial Magistrate, Rampurhat, District - Birbhum, Pin - 731224.

In the matter of: Amrul Sekh & Ors.

... Petitioners Ms. Sinthia Bala ... for the petitioners Mr. Rana Mukherjee, A.P.P Mr. A. Islam ... for the State

1. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the father-in-law, the sister-in-law and the mother-in-law of the victim/deceased. The incident took place after 17 years of marriage. The husband was granted bail after some time in custody. Charge-sheet has already been submitted. The victim was actually a mental patient.

2. Learned counsel appearing on behalf of the State opposes the prayer for bail and submits as follows. There is a statement of the child of the victim which exonerates the husband. There are other statements of related witnesses indicating a general allegation of torture due to dowry demand.

3. In view of the materials contained in the case diary so far as the present petitioners are concerned and the facts that the husband was in custody for some time and a charge-sheet has already been submitted, I am inclined to allow the prayer for anticipatory bail.

4. 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 also be subject to further conditions that the petitioners shall not threaten or intimidate witnesses and shall attend the jurisdictional Court on the dates fixed.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)