Sahanara Begam And ANR. v. The State Of West Bengal

29.08.2024 Sl No.22 Court No. 29 TN (Allowed) CRM (A) 2909 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Santiniketan Police Station Case No.171 of 2024 dated 07.07.2024 under Sections 498A/313/34 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act. And In the matter of : Sahanara Begam and another .... petitioners Mr. Manas Kumar Das ....for the petitioners Mr. Rudradipta Nandy, Ld. APP, Ms. Sanjana Saha ....for the State

1. Heard the learned counsel for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the statement of the independent witnesses and that the husband of the victim has been granted anticipatory bail by the learned Sessions Judge, Birbhum on 30th July, 2024 and the present petitioners are standing on the same footing as that of the husband of the victim, we are of the view that on parity of reasoning, the petitioners should be allowed anticipatory bail. Moreover, charge sheet has already been filed.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Sahanara Begam and Sk. Elauj @ Sekh Elauj respectively shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like Signed By :

TANMOY NANDAN High Court of Calcutta 30 th of August 2024 10:09:39 AM

amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.

4. It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate at Bolpur, Birbhum within two weeks from date and pray for regular bail.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 30 th of August 2024 10:09:39 AM