Sk. Abul Hossain And ANR v. The State Of West Bengal And ANR

10.09.2024 Court No.29 Item No. 28 Allowed ar CRM (A) 3064 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haldia Police Station Case No. 63 of 2024 dated 06.05.2024 corresponding to G.R Case No. 1017 of 2024 under Sections 354(c)/366/368/376(2)(m)/506/34 of the Indian Penal Code. And In Re: Sk. Abul Hossain & Anr.

Petitioners Mr. Swapan Kumar Mallick Ms. Sudeshna Das For the Petitioners Mr. Anand Keshari Mr. Abhishek Verma For the State Ms. Suchismita Dutta For the De-facto Complainant

1. The petitioners are the parents of the principal accused. The principal accused is presently enlarged on bail. The allegation against the petitioner nos. 1 and 2 is that they have forced the de-facto complainant to change her religion, after the marriage with their son was completed.

2. Considering the materials available in case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the fact that the son of the present petitioners has been enlarged on bail and also the fact that charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Sk. Abul Hossain and Taslima Bibi shall be released on bail upon Signed By :

AMITAVA ROY High Court of Calcutta 11 th of September 2024 01:05:42 PM

furnishing a bond of Rs.5,000/- each, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Haldia, Purba Medinipur, corresponding to G.R Case No. 1017 of 2024 within two weeks from date and the petitioners shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is further ordered that the petitioners shall appear on every date before the aforesaid Court on and from the date fixed for appearance of the accused. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

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

(Soumen Sen, J) (Prasenjit Biswas, J) Signed By :

AMITAVA ROY High Court of Calcutta 11 th of September 2024 01:05:42 PM