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Calcutta High CourtCRM/8291/2021allowed

Md Ajir @ Ajimuddin And ANR v. State Of West Bengal

2021-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

21.12.2021 cm/ct 28 C.R.M. 8291 of 2021 sl no. 29 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chopra P.S Case No. 270 of 2021 dated 25.04.2021 under Sections 498A/304(B)/34 of the Indian Penal Code read with Sections 3 /4 of Dowry Prohibition Act. And Allowed In Re : Md. Ajir @ Ajimuddin & Anr.

..... petitioners Mr. Somopriyo Chowdhury Mr. Dipayan Dan ...... for the petitioners Mr. Prabhas Bhattachary Mr. Pratik Bose.

...... for the State It is submitted on behalf of the petitioners that they are the parents-in-law of the victim housewife. Couple married against the will of the parents of the victim girl. Out of depression, she committed suicide.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits petitioners tortured the victim to commit suicide within three years of marriage. We have considered the materials on record. Allegations of torture require to be assessed in the light of the aforesaid submissions made on behalf of the petitioners in the course of trial. Allegations against the petitioners who are the in-laws of the victim housewife are general and omnibus in nature, we are of the opinion petitioners may be granted anticipatory bail. 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.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 8291 of 2021 is disposed of. ( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J.)