Sahajadi Bibi And ORS v. State Of West Bengal

50.

29-09-2021 (ct. no.32) debajyoti CRM 3330 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No.214 of 2020 dated 1909-2020 under Sections 498A/304B/302 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

- A n d - In the matter of : Sahajadi Bibi @ Sahajan Bibi & Ors. .... Petitioners.

Mr. Mrityunjoy Chatterjee, Mr. Bhaskar Hutait ... For the Petitioners.

Mr. Saswata Gopal Mukherji, learned Public Prosecutor, Mr. Aniket Mitra ... For the State.

The first two petitioners are the parents-in-law and the third petitioner is the brother-in-law of the victim lady, who apparently committed suicide by hanging herself due to the torture, both physical and mental, meted out to her by her husband and in-laws.

The petitioners say that the husband is the prime accused who was arrested and has been enlarged on bail. The petitioners have no direct role to play in the death of the victim.

We have seen the statements of the witnesses, who are mostly neighbours, in the Case Diary. The statements prima facie implicate all the accused persons and the allegations are general and omnibus in nature. No specific overt act has been attributed to the present petitioners. On an overall assessment of the material on record and the facts and circumstances of the case, and keeping in

view that the husband of the victim has been enlarged on bail by the learned trial Court, we are of the opinion that immediate custodial interrogation of the petitioners may not be necessary so long as they cooperate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners, namely, Sahajadi Bibi @ Sahajan Bibi, Sk. Alidbin Alam @ Sk. Kalu and Sk. Sanju, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 3330 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )