Jamila Bewa And ORS v. The State Of West Bengal And ANR

10.09.2024 AD-44 Court No.29 TN (Allowed) CRM (A) 3195 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Suti Police Station Case No. 282 of 2024 dated 22.04.2024 under Sections 498(A)/302/34 of the IPC, 1860, charge sheet under Sections 498A/306/34 of the IPC, 1860 and under Section 4 of Dowry Prohibition Act.

And In the matter of: Jamila Bewa and others .... petitioners Ms. Benajir Hasna, Mr. Aliul Islam ....for the petitioners Mr. Debasish Roy, Mr. Arijit Ganguly, Ms. Sima Biswas ....for the State 1.

The petitioners are the in-laws of the deceased. It is submitted that they are innocent and the victim committed suicide after ten years of marriage.

2.

The learned counsel for the State in opposing the prayer has referred to the statement of the independent witnesses and submits that the husband of the deceased was enlarged on bail by the trial court.

3.

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 that the post mortem report shows that the cause of death is suicidal in nature and no external injury was found on the body of the deceased and also having regard to the fact that charge Signed By :

TANMOY NANDAN High Court of Calcutta 11 th of September 2024 09:58:18 AM

sheet has already been filed, we are of the view that custodial interrogation of the petitioners is not necessary. 4.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Jamila Bewa, Rebina Bibi, Tasikul Sk and Asikul Sk @ Wasikul Islam respectively shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties of like 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.

5.

It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad within two weeks from date.

6.

Accordingly, the application for anticipatory bail is disposed of.

7.

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

TANMOY NANDAN High Court of Calcutta 11 th of September 2024 09:58:18 AM