Asif Sekh @ Asif Shaikh And ORS v. State Of West Bengal

01.08.2023 (D/L 39) Ct. No.29 Allowed (SKB) CRM (A) 2578 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Murutia P.S. Case No.158 of 2023 dated 31.05.2023 under Sections 498A/304(B)/306/34 of the Indian Penal Code.

In the matter of : Asif Sekh @ Asif Shaikh and others ... Petitioners Mr. Asraf Mandal ... for the petitioners Mr. Tanmoy Kr. Ghosh, Ms. Pritha Paul ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioners are stated to be the members of the family of the in-laws of the deceased who is stated to have committed suicide by taking poison in her parental home within eight months of her marriage. The husband of the deceased is stated to be arrested in the meantime.

3. The allegation against the petitioners regarding mental torture etc. for fulfilment of additional dowry is quite omnibus in nature. There is also material to show that the FIR has been lodged after 53 days of the alleged suicide of the deceased.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence 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.

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

6. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

7. The application being CRM(A) 2578 of 2023 is disposed of.

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

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