Calcutta High CourtCRM/3495/2021allowed

Jorina Khatun@Laxmi Bibi And ANR v. State Of West Bengal

2021-10-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

36.

04-10-2021 (ct. no.32) debajyoti CRM 3495 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with J B Pur Police Station Case No.98 of 2018 dated 10-042018 under Sections 498A/306/34 of the Indian Penal Code.

- A n d - In the matter of : Jorina Khatun @ Laxmi Bibi & Anr. .... Petitioners.

Mr. Anjan Dutta ... For the Petitioners.

Mr. Bidyut Kumar Roy, Ms. Ratna Ghosh ... For the State.

Learned advocate for the petitioners does not press this application for anticipatory bail on behalf of the petitioner no.1 as she was arrested and subsequently enlarged on bail. This application stands dismissed insofar as the petitioner no.1 is concerned.

The petitioner no.2 is a brother-in-law (Nandai) of the victim lady who is alleged to have committed suicide. We have seen the material in the Case Diary including the statements of witnesses. Prima facie, there is no direct implication of the petitioner no.2. Charge Sheet has been submitted.

On an overall assessment of the facts and circumstances of the case and the material in the Case Diary, we are of the view that immediate custodial interrogation of the petitioner no.2 is not required.

Accordingly, in the event of arrest, the petitioner no.2, namely, Swapan Sekh, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner no.2 shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure and shall meet the Officer-inCharge of the concerned Police Station once in every fortnight until further orders.

In the event the petitioner no.2 fails to adhere to any of the conditions stipulated above, the learned Court below will be at liberty to cancel the anticipatory bail of the petitioner no.2 without further reference to this Court. The application for anticipatory bail being CRM 3495 of 2021 is, thus, disposed of.

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. )