Rehan Laskar @ Md. Raihan Laskar And ORS. v. State Of West Bengal
15.05.2025 In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Item No.DL30 Court No. 28 Asraf, AR(Ct.) Allowed in-Part Case No.
CRM (A) 1570 of 2025 In Re :
An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Diamond Harbour G.R.P.S. case no.8 of 2024 dated 18.12.2024 under Sections 85, 103(1), 316(2), 3(5), 80(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act. -ANDIn the matter of :
1. REHAN LASKAR alias MD. RAIHAN LASKAR
2. REHENA LASKAR
3. NAJIRA BIBI ......Petitioners For the Petitioners :
Mr. Saibal Mondal Ms. Sonali Ghosh .....Advocates For the State :
Mr. Antarikhya Basu Ms. Sreetama Das .....Advocates Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the brother-in-law, the mother-in-law and the married sister-in-law. The brother-in-law stays at Ahmedabad for work. The married sister-in-law also stays elsewhere. The FIR was lodged eight days after the date of the incident. The dead body of the victim was found on railway track which was about 8 KMs away from the matrimonial home. In fact, on the day before the incident, the victim had left for her parents' house.
Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of neighbours and the statements of the parents of the victim recorded before the learned Magistrate. He also refers to the Post Mortem Report. He submits that the incident took place within six months of marriage. There was immense torture inflicted upon the victim. The main allegations were against the husband, but there were also serious allegations against the mother-in-law as well. Allegations of torture were also against the other accused. Considering the incriminating materials available in the case diary and the alleged roles ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail to the petitioner nos.1 (Rehan Laskar alias md. Raihan Laskar) and 3 (Najira Bibi), the prayer for anticipatory bail of the petitioner no.2 (Rehena Laskar) is rejected.
Accordingly, the petitioner nos.1 (Rehan Laskar alias md. Raihan Laskar) and 3 (Najira Bibi) shall be released on bail upon furnishing bonds 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 subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that they shall cooperate with the investigation and they shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.
The petitioner no.1 (Rehan Laskar alias md. Raihan Laskar) shall meet the Investigating Officer of this case once a fortnight till completion of the investigation.
The application for anticipatory bail being CRM (A) 1570 of 2025 is, thus, allowed in-part.
Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
( Jay Sengupta, J. )