Minarul Islam And ORS. v. State Of West Bengal

C.R.M. (A) 1482 of 2024 30.04.2024 DL-5 wt 51 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No.622 of 2023 dated 13.11.2023 under Sections 498A/304B/506/302/34 of the Indian Penal Code, 1860 read with Sections 3/4 of the Dowry Prohibition Act, subsequently charge sheeted under Sections 498A/304B/306/506/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act, pending before the Learned Court of Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. (G.R. Case No.3843 of 2023) And In the matter of: Minarul Islam & Ors.

....petitioners Mr. Soumajit Das Mahapatra Md. G.N. Imrohi Ms. Arundhuyti Barui ...for the petitioners.

Mr. P.K. Datta, Ld. APP Mr. Injamaul Haque ... for the State.

With C.R.M. (A) 1444 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No.622 of 2023 dated 13.11.2023 under Sections 498A/304B/506/302/34 of the Indian Penal Code, 1860 read with Sections 3/4 of the Dowry Prohibition Act, subsequently charge sheeted under Sections 498A/304B/306/506/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act, pending before the Learned Court of Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. (G.R. Case No.3843 of 2023) And In the matter of: Anowara Bibi @ Anoyara Bibi & Anr. ....petitioners Mr. Soumajit Das Mahapatra Md. G.N. Imrohi Ms. Arundhuyti Barui ...for the petitioners.

Mr. Rana Mukherjee Mrs. Paramita Sahu ... for the State.

1. Leave granted to the learned Advocate-on-record for the

petitioners in both the applications to correct the causetitle.

2. Two applications for anticipatory bail are taken up for analogous consideration as they emanate out of the same police case.

3. None appears for the de facto complainant despite being served.

4. Police complaint was lodged within three months of marriage. Police filed charge sheet. Husband is still in custody.

5. Apparently, victim committed suicide. The petitioners before us are the in-laws of the victim.

6. Materials in the case diary do not suggest requirement of placing any of the petitioner in custody at this stage.

7. In such circumstances, we grant anticipatory bail to the petitioners in both the applications.

8. Accordingly, we direct that in the event of arrest, the petitioners in both the applications shall 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 and on condition that the petitioners in both the applications shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in both the

applications in Court including cancelling the anticipatory bail granted without further reference to this Court.

9. The prayer for anticipatory bail of the petitioners in both the applications is allowed.

10. C.R.M. (A) 1482 of 2024 and C.R.M. (A) 1444 of 2024 are disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)