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Calcutta High CourtCRM/3373/2021allowed

Samsuniya Bibi@Samsunnahar Bibi And ANR v. State Of West Bengal

2021-06-07Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Biswajit Basu2 pages

S.K/ S.M 07.06.2021 Ct. No.28 (Allowed) C.R.M. 3373 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13/04/2021 in connection with Sutahata P.S. Case No. 204 of 2020 dated 27/11/2020 under Sections 498A/302/304B/34 of the Indian Penal Code.

And In the matter of: Samsuniya Bibi @ Samsunnahar Bibi & Anr. ....petitioners.

Mr. Suman De ...for the petitioners.

Mr. Arijit Ganguli, Mr. Arik Ghatak ...for the State.

The application for anticipatory bail has been filed in respect of Sutahata Police Station Case No. 204 of 2020 dated 27.11.2020 under Sections 498A/302/304B read with Section 34 of the Indian Penal Code. The petitioners are the mother-inlaw and the sister-in-law of the victim. It is submitted by the counsel for the State that the charge-sheet has been filed against the petitioners and the husband and father-in-law of the victim.

Since the charge-sheet has been filed, this Court is of the view that the petitioners may be granted anticipatory bail. Accordingly, in the event of arrest the petitioners shall be released on bail upon furnishing Bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Haldia - II, Purba Medinipur subject to condition that the petitioners shall appear

before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioners shall not enter the jurisdiction of Sutahata Police Station except for the purposes of investigation and attending the court proceeding and shall provide the address where they shall reside while on bail to the investigating officer as well as the court below and shall report to the officer-in-charge of the concerned police station within whose jurisdiction they shall reside once in a week until further orders.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for anticipatory bail is, thus, disposed of. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)