Anish Mallik @ Anisha Bibi And ORS v. State Of West Bengal

08.06.2021 Sl. No. 131 Court No.30 BM CRM 3343 of 2021 (Via Video Conference) In Re: An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Bhatar Police Station Case No.343 of 2020 dated 29.11.2020(G.R Case No.4318 of 2020) under Sections 498A/341/323/376/511/406/34 of the Indian Penal Code.

And In the matter of: Anil Mallik @ Anisha Bibi & Ors. ... Petitioners Mr. Uday Shankar Chattopadhyay ... for the petitioners Mr. P. K. Dutta Mr. Pradipta Kumar Ganguly ... for the State It is submitted that all four petitioners amongst whom petitioner no.1 is mother in law, petitioner no.2 and 3 are sisters in law and petitioner no.4 being husband of younger sister in law of the defacto complainant who has been allegedly subjected to mental and physical torture by the accused persons being petitioners herein and the principal accused namely Sk. Akbar after death of the husband of the defacto complainant.

It is pointed out by the learned counsel for the State that charge sheet has been submitted and the said principal accused viz. Sk. Akbar is already in custody. It is also pointed out that entire allegation is centered around the said Sk. Akbar. Having regard to the submissions so made on behalf of the parties and in consideration of the material on record and further having regard to the fact that charge sheet has already been

submitted and there is no custodial interrogation as regards the petitioners is required in the trial the petitioners be admitted on anticipatory bail.

We accordingly direct that in the event of arrest, the petitioners namely, Anish Mallik @ Anisha Bibi, Sekh Amina Bibi, Esmatara @ Ismatara Sana, Ananda Mallick may be admitted on anticipatory bail on furnishing security of Rs.5,000/- with two sureties of like amount and producing personal bond of equivalent amount to the satisfaction of the arresting authority and on condition as embodied under Section 438(2) of the Code of Criminal Procedure. Application for anticipatory bail being CRM 3343 of 2021 is disposed of.

(Saugata Bhattacharyya, J.) ( Shivakant Prasad ,J.)