Asmina Bibi And ANR v. State Of West Bengal

08.09.2023 tkm/ct 28 C.R.M. (A) 3843 of 2023 spl no. 63 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Pandua P.S case no. 214 of 2023 dated 29.4.2023 under sections 498A/323/326/313/307/406/34 IPC And Allowed In Re : Asmina Bibi @ Asmina Khatun & Anr. ...... petitioners Mr. Suman Chakraborty ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. Imran Ali Ms. D Sahu ...... for the State Petitioners are the married sisters-in-law of the victim lady. It is contended they have been falsely implicated. It is also contended allegation of assault resulting in abortion is out and out false. They pray for bail.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. Petitioners are the married sisters-in-law of the victim lady. They do not ordinarily reside with her at the matrimonial home. Allegations against them are general and omnibus. It is alleged that the husband assaulted the victim lady in the stomach.

Keeping in mind the extent of complicity of the petitioners in the alleged crime and as there is no chance of abscondence, we are inclined to 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.

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

The application being CRM (A) 3843 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)