← Library
Calcutta High CourtCRM/6181/2021allowed

Sagra Bibi@Sagora Bibi And ANR. v. State Of West Bengal

2021-09-21Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

21.09.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 6181 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 392 of 2021 dated 13.04.2021 under Sections 498(A)/304(B)/34 of the Indian Penal Code, 1860.

And In Re : Sagra Bibi @ Sagora Bibi & Anr.

...... petitioners Mr. T. Gupta .....for the petitioner Mr. Anwar Hossain Ms. Sreyashee Biswas ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, police concluded investigation and submitted chargesheet. Therefore, custodial interrogation of the petitioners is not required. He submits that, the husband of the victim is in custody.

Learned advocate appearing for the State opposes the prayer for grant of anticipatory bail.

Considering that the police submitted charge-sheet and considering that the petitioner stand on the different footing as

that of the husband of the victim, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)