Julmat Saha & ORS v. State Of West Bengal

03.09.2020 SL No.81 AP CRM 6127 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Egra P.S. Case No.653 of 2019 dated December 15, 2019 under Sections 498A/325/307/ 354/34 of the Indian Penal Code and Section 4 of the D.P. Act. And In the matter of: Julmat Sahs & Ors.

....Petitioners.

Mr. Sk. Sahjahan Ali ...for the Petitioners.

Ms. Sukanya Bhattacharya, Mr. Md. Kutubuddin ...for the State.

Having considered the materials on record disclosing prima facie involvement of the petitioner No.1 in assaulting his wife, which is supported by medical evidence, we are not inclined to grant anticipatory bail to the petitioner No.1.

However, keeping in mind the extent of complicity of the petitioner Nos.2 to 5, who are in-laws of the victim wife in the alleged crime, we are inclined to grant anticipatory bail to the petitioner Nos.2 to 5.

Accordingly, we direct that in the event of arrest, the petitioner Nos.2 to 5 namely (2) Tafuran Bibi (3) Makshad Saha (4) Sabrail Saha and (5) Sk. Murteja 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 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. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)