Mira Choudhury & ORS v. State Of West Bengal

08.09.2020 Sl. No.30 akd [ALLOWED] C. R. M. 5788 of 2020 [via video conferencing] CRAN 1 of 2020 [Old No. CRAN 4196/2020] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.07.2020 in connection with Habibpur Police Station Case No. 50 of 2018 dated 08.02.2018 under Sections 498A/306/34 of the Indian Penal Code. (G.R. Case No.508 of 2018) And In Re: Mira Choudhury & Ors.

... ... Petitioners Mrs. Soma Chowdhury (Bandhu) .. Advocate ... ... for the petitioners Mrs. Sukanya Bhattacharyya .. Advocate Md. Kutubuddin .. Advocate ... ... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 (Old No. CRAN 4196 of 2020) is accordingly, disposed of.

It is submitted on behalf of the petitioners that they are the inlaws of the victim-housewife. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegation against the petitioners i.e. the in-laws of the victim-housewife is that they did not inform the de-facto complainant with regard to the unnatural death of the victim. Charge-sheet has already been filed and the principal accused i.e. the husband is on regular bail and had subsequently expired due to a road accident. In view of the aforesaid facts, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Mira Choudhury, (2) Rekha Chowdhury & (3) Monaj Chowdhury, 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)