Calcutta High CourtCRM (A)/2879/2023allowed

Nasefa Bewa @ Nasefa Bibi And ANR v. State Of West Bengal

2023-08-09Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2879 of 2023 09.08.2023 SL. 19 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 116 of 2023 dated 01.04.2023 under Sections 498A/304B/302/34 IPC read with Section 4 of the D. P. Act (corresponding to G.R. Case No. 949 of 2023 pending before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad).

And In the matter of: Nasefa Bewa @ Nasefa Bibi ....petitioner.

Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatun ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ... for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by the learned Counsel for the parties including the statement of the witnesses and the neighbour of the petitioner no. 1.

3. There is omnibus allegation against the petitioner no. 1 (mother-in-law of the deceased) and the petitioner no. 2 (married sister-in-law of the deceased) regarding the demand of additional dowry.

4. Charge-sheet is stated to have been filed in the meantime.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad in G.R. Case No. 949 of 2023 arising out of the aforesaid P.S. case within 15

days from today. On his appearance and application for bail he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

7. The application being CRM (A) 2879 of 2023 is disposed of.

8. Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad is hereby directed to act upon the server copy of this order, if required.

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