Calcutta High CourtCRM/4207/2021allowed

Oli Halsana@Ali Halsana And ORS v. State Of West Bengal

2021-11-09Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

09.11.2021 Serial no. 25 Aloke Ct. No. 29 (Through Video Conference) CRM 4207 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.06.2021 in connection with Kotwali P.S. Case No. 312 of 2021 dated 02.04.2021 under Sections 498A/304B/34 of the Indian Penal Code.

-AndIn the matter of: Oli Halsana @ Ali Halsana & Ors. ... Petitioners Ms. Karabi Roy, Advocate ... ... For the Petitioners Mr. Arijit Ganguly, Advocate Mr. Sanjib Kr. Dan, Advocate ... ... For the State Learned Advocate appearing for the petitioner submits that she is not pressing the application on behalf of the petitioner nos. 1, 2 and 3.

CRM 4207 of 2021 is dismissed as not pressed so far as petitioner nos. 1 (Oli Halsana @ Ali Halsana), 2 (Kohinur Bibi Halsana) and 3 (Saher Ali Halsana @ Sher Ali Halsana). Learned Advocate appearing for the petitioner seeks anticipatory bail in respect of petitioner nos. 4 and 5. Learned Advocate appearing for the State refers to the case diary.

Considering the materials in the case diary and considering the fact that the husband of the deceased is in custody, we are inclined to grant anticipatory bail to the petitioner nos. 4 (Samsul Halsana @ Raju Halsana) and 5 (Hafija Bibi Halsana). Accordingly, we direct that in the event of arrest, the petitioner nos. 4 (Samsul Halsana @ Raju Halsana) and 5 (Hafija Bibi Halsana) shall be released on anticipatory 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 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 4 (Samsul Halsana @ Raju Halsana) and 5 (Hafija Bibi Halsana) shall appear before the jurisdictional court and pray for regular bail within four weeks from date and with a further condition that the petitioner no. 4 (Samsul Halsana @ Raju Halsana) will report to the investigating officer once in a month and petitioner no. 5 (Hafija Bibi Halsana) will cooperate with the investigation.

The prayer for anticipatory bail is partly allowed. CRM 4207 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)