Saima Khatun And ORS. v. State Of West Bengal

C.R.M. (A) 3848 of 2023 05.12.2023 SL. 10 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bagnan P.S. Case No. 347 of 2023 dated 15.07.2023 under Sections 498A/306/34 IPC and Sections 3/ 4 of the D.P. Act corresponding to G.R. Case No. 1623 of 2023 pending before the learned ACJM, Uluberia, Howrah.

And In the matter of: Saima Khatun & Ors.

....petitioners.

Mr. Soumya Basu Roy Chowdhuri ...for the petitioners.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

Md. Wasim Akram Mr. Syed Murshid Alam Mr. subrata Ghosh ...for the de facto complainant.

1.

Heard learned Counsel for both the parties.

2.

Admittedly the deceased died of suicide. Though there are some allegations regarding torture and harassment meted out to the deceased at the instance of the present petitioners who are members of the family of the in-laws of the deceased, those are at the fringe at least prima facie.

3.

Charge-sheet is stated to have been filed.

4.

Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of evidence and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Uluberia, Howrah within 15 days from today in the G.R. case No. 1623 of 2023 arising out of aforesaid P.S. case.

5.

On their appearance and application for bail each of the

petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that: i) The petitioners shall appear before the learned Trial Court on each date of substantive hearing subject to the provision of Section 317 Cr.P.C.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

6.

The learned ACJM, Uluberia, Howrah is directed to act upon the server copy of this order, if required.

7.

Accordingly, the prayer for the anticipatory bail is allowed. 8.

The application being CRM (A) 3848 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)