Amirul Sekh And ANR v. State Of West Bengal

08-10-2021 (ct. no.32) KOLE Allowed CRM 3606 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burwan Police Station Case No. 313 of 2020 dated 24.10.2020 under Sections 498A/304B/34 of the Indian Penal Code. - A n d - In the matter of : Amirul Sekh & Anr.

.... Petitioners.

Mr. Manas K. Das, ... For the Petitioners.

Mr. N. P. Agarwala, Mr. S. Patel, ... For the State.

The petitioners are the parents-in-law of the victim lady, who is stated to have killed herself by hanging within three years of marriage. The case was initiated under Sections 498A//304B/34 of the Indian Penal Code. Charge sheet has been submitted by adding Section 306 of the Indian Penal Code also. We have seen the statements of witnesses in the case diary. The allegations are general and omnibus in nature. We are told that the husband of the victim has been arrested and is in custody.

On an overall assessment of the material on record and the possible extent of complicity of these petitioners in the alleged offence, we are of the view that immediate custodial interrogation of the petitioners is not necessary so long as they are prepared to cooperate with further investigation, if any. Accordingly, in the event of arrest, the petitioners, namely, Amirul Sekh and Jelekha Bibi 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 3606 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. )