Minu Bibi @ Minuyara Bibi And ANR v. The State Of West Bengal And ANR

18.09.2024 Court No.29 Item No. 26 Allowed sg CRM (A) 3338 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS Act, in connection with Sagarpara Police Station Case No. 187 of 2024 dated 20.05.2024 under Sections 498A/302/34 of the Indian Penal Code charge sheet has been filed under Sections 498A/306/34 IPC adding sections 9/10/11 of the Child Marriage Act, pending before the learned Chief Judicial Magistrate, Berhampore, Murshidabad. And In Re: Minu Bibi @ Minuyara Bibi & Anr.

Petitioners Mrs. Minoti Gomes For the Petitioners Ms. Anasuya Sinha Mr. Aritra Bhattacharya For the State

1. The petitioners are the parents-in-law of the victim. The husband of the deceased victim has been enlarged on bail.

2.

Considering the materials available in the case dairy, the nature and extent of complicity of the petitioners in the commission of alleged offence and having regard to the fact that the husband of the victim has been enlarged on bail and the charge sheet has already been filed, we are of the view that the custodial interrogation of the petitioners is not necessary. 3.

Accordingly, we direct that in the event of arrest the petitioners namely, Minu Bibi @ Minuyara Bibi and Lukman Biswas @ Lukman Sk., shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, to the satisfaction of learned Chief Judicial Magistrate, Berhampore, Murshidabad, subject to the conditions as Signed By :

SANJIB GHOSH High Court of Calcutta 19 th of September 2024 11:12:12 AM

laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and subject to further condition that the petitioners shall appear before the trial court within two weeks from date and thereafter shall appear on each and every date of hearing until further orders.

4.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without any further reference to this Court. 5.

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

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

(Soumen Sen, J.) (Uday Kumar, J.)