Anisha Bibi And ORS v. State Of West Bengal

17.07.2023 (M/L 76) Ct. No.29 Allowed (SKB) CRM (A) 2470 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Salar P.S. Case No.25 of 2023 dated 07.02.2023 under Sections 498A/302/304B/34 of the Indian Penal Code.

In the matter of : Anisha Bibi and others ... Petitioners Md. Hafiz Ali ... for the petitioners Mr. Saswata Gopal Mukerji, ld. P.P.

Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State Mr. M. K. Das, Mr. A. Mandal ... for the defacto complainant

1. Heard the learned Counsel for the parties.

2. Petitioner no.1 is the mother-in-law, petitioner no.2 is the elder brother-in-law and petitioner no.3 is the younger brother-in-law of the deceased.

3. Suicidal death of the deceased is an admitted fact in view of filing of charge-sheet under Section 306 IPC.

4. So far as allegation regarding torture and harassment of the deceased in the hands of the petitioners are concerned, it is found from the statement of the witnesses that just preceding the fateful incident, there was scuffle between the deceased and her husband.

5. Charge-sheet is stated to have been filed.

6. Regard being had to the facts and submissions, factum of permanent residence of the petitioners, nature of allegations against the petitioners and completion of investigation, it is directed that each of the petitioner shall appear before the learned ACJM, Kandi, Murshidabad in the G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On their appearance and application for bail, they shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM(A) 2470 of 2023 is disposed of.

9. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)