Calcutta High CourtCRM (A)/2485/2023allowed

Arsina Bibi @ Alina Bibi And ORS v. State Of West Bengal

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2485 of 2023 07.08.2023 ML. 2 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kandi Police Station Case No. 181 of 2023 dated 05.04.2023 under Sections 498A/304B/302/34 of the IPC.

And In the matter of: Arsina Bibi @ Alina Bibi & Ors. ....petitioners.

Mr. Manas Kumar Das Mr. Aritra Thokder ...for the petitioners.

Mr. S. G. Mukherji, PP Mr. Aniket Mitra Mr. J Saha ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioner No. 1 is alleged to be the wife of the deceased and the petitioner Nos. 2 and 3 are her sons. Admittedly the deceased died a suicidal death. Statement of the witnesses especially statement of the grand-mother and sister of the deceased against the present petitioners so far as harassment and torture is concerned are found to be omnibus in nature.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioner No. 1, Arsina Bibi @ Alina Bibi is directed to appear before the I.O. for the purpose of investigation as and when required from

sunrise to sunset.

ii) The petitioner No. 2, Rajesh Sk. and the petitioner No. 3, Ashik Sk. are directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

6. The application being CRM (A) 2485 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)