Ajmeri Bano And ANR v. State Of West Bengal

08-10-2021 (ct. no.32) KOLE Allowed CRM 3461 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (T) Police Station Case No. 23 of 2021 dated 03.03.2021 under Sections 498A/323/325/326/307/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. - A n d - In the matter of : Ajmeri Bano & Anr.

.... Petitioners.

Mr. A. Bhattacharyya, ... For the Petitioners.

Mr. S. S. Imam, Mr. A. manna, ... For the State.

The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the brother-in-law (husband's sister's husband) of the victim. The charge is of torture, causing injury, attempting murder and dowry demand.

The petitioners say that they have no role to play in the alleged offence. Eight co-accused persons have been granted anticipatory bail by the learned Trial Court and they stand on the same footing. The husband of the victim was arrested and granted bail by the learned Trial Court.

We have seen the statements of witnesses in the case diary including the statement of the victim lady. The allegations are general and omnibus in nature. There is no significant injury suffered by the victim. Charge sheet has been submitted. Upon consideration of the overall facts and circumstances of the case and the material on record, we are of the view that immediate custodial interrogation of the petitioners may not be necessary.

Accordingly, in the event of arrest, the petitioners, namely, Ajmeri Bano and Mohammad Faiyaz Akhtar shall be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure and shall report to the Investigating Officer once in a fortnight until further orders.

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 3461 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. )