Doly Begam @ Ajmat Ara Bibi And ANR. v. State Of West Bengal

04.07.2024 Court No.29 Item No. 59 Allowed sg CRM (A) 2138 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nandakumar Police Station Case No. 160 of 2024 dated 10.03.2024 under Sections 302/304B/498A of the Indian Penal Code, pending before the Court of learned Chief Judicial Magistrate, Tamluk, Purba Medinipur.

And In Re: Doly Begam @ Ajmat Ara Bibi & Anr.

Petitioners Md. Abdul Rakib Mr. Arijit Pradhan For the Petitioners Mr. Prasun Kumar Dutta Md. Sayed Khan For the State Mr. Supratick Shyamal For the de-facto complainant

1. The learned counsel for the petitioners submits that the petitioner no.1 is the married sister-in-law and petitioner no.2 is the mother-in-law of the victim and they are innocent and have been falsely implicated in the instant case.

2. The learned Counsel for the de-facto complainant submits that his daughter has been physically and mentally tortured by the in-laws including the present petitioners.

3.

Considering the materials available in the case diary, the dying declaration which does not implicate the present petitioners, the medical report and the nature and extent of complicity of the petitioners in the commission of alleged offence, we are of the view that custodial interrogation of the present petitioners is not necessary.

Signed By :

SANJIB GHOSH High Court of Calcutta 5 th of July 2024 05:12:55 PM

4.

Accordingly, we direct that in the event of arrest the petitioner namely, Doly Begam @ Ajmat Ara Bibi and Baby Begam @ Rasneyara Bibi, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner shall appear before the learned Chief Judicial Magistrate, Tamluk, Purba Medinipur, in connection with G.R. Case No. 780 of 2024 within two weeks from date. 5.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 6.

CRM (A) 2138 of 2024 is, thus, disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)