Motahar Malitha @ Malithya & ORS v. State Of West Bengal

18.09.2020 pg.

Allowed CRM 5816 of 2020 with IA No. CRAN 1 of 2020 (CRAN 4229 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur P.S. Case No.177 of 2020 dated 02.08.2020 under Sections 498A/307/34 of the Indian Penal Code.

And In the matter of: Motahar Malitha @ Malithya & Ors. ....Petitioners Mr. Atis Kumar Biswas ...for the Petitioners Ms. Zareen N. Khan Mr. Mirza Firoj Ahmed Begg ...for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners are the close relatives of the husband of the complainant. The petitioners claim that the complainant has left the matrimonial home and the twelve-year-old daughter is with the petitioners and the husband of the complaint. The State refers to the statement of the complainant and a report of the block primary health centre. The complainant claims to be blind in one eye as a result of her husband kicking her. It is evident that the thrust of the allegations is against the husband and not the present petitioners. The present petitioners are entitled to anticipatory bail.

In the event of arrest, the petitioners will be enlarged on bail upon furnishing security 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 arresting officer. The petitioners will also abide by the conditions laid down in section 438(2) of the Code.

CRM 5816 of 2020 and the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)