Md Sharique Ansari And ORS v. State Of West Bengal

28.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3561 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Golabari Police Station Case No. 257 of 2022 dated 29.06.2022 under Sections 498A/304B/306/406/34 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act.

And In Re : Md. Sharique Ansari & Ors.

...... petitioners Mr. Mrityunjoy Chatterjee Md. G. N. Imrohi ....for the petitioner Mr. Soumya Basu Roychowdhury ....for the de-facto complainant Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Aniket Mitra ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband and the mother-in-law of the victim are in custody. The death was due to suicide.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy including the statement of the neighbours recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.). Learned advocate appearing for the de-facto complainant submits that, the petitioners reside at the same premises as that of the husband and the mother-in-law.

Considering the post mortem report of the victim and considering the nature of allegations as against the petitioner and considering the fact that the husband and the mother-inlaw are in custody, 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 further condition that the petitioner nos. 1 (Md. Sharique Ansari) and 3 (Md. Musa @ Musa Ansari) shall meet the Investigating Officer once a week till the conclusion of the investigation and petitioner no.

2 (Andlip Nazli @ Najlin) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)