← Library
Calcutta High CourtCRM (A)/4032/2023allowed

Weyeda Bewa @ Rahid Bibi Sekh And ORS. v. State Of West Bengal

2023-10-04Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4032 of 2023 04.10.2023 SL. 37 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 255 of 2023 dated 01.04.2023 under Sections 498A/323/307/34 IPC.

And In the matter of: Weyeda Bewa @ Rahida Bibi Sekh & Ors. ....petitioners.

Mr. Abdul Aziz Mondal ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the brother-in-law of the victim/wife. The other petitioners i.e. the petitioner nos. 3 and 4 are her distant sister-in-law.

3. On perusal of the written complaint as well as the statements of the witnesses as recorded under Section 161 Cr.P.C., though we found there are allegation as against the present petitioners to make an attempt to ablaze her by a matchstick but in the case diary, we do not find any injury report of the victim.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioners nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in

investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Within 21 days from today, petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 4032 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

9. The report submitted by the I.O. regarding service on the victim be taken on record.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)