Alamgir Shaikh @ Sk. And ORS. v. State Of West Bengal

09.10.2023 Sl. No.7 [ALLOWED] as C. R. M. (A) 4336 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 228 of 2023 dated 05.08.2023 under Sections 498(A)/307/34 of the Indian Penal Code.

In Re: Alamgir Shaikh @ Sk. & Ors.

... ... Petitioners Mr. Asraf Mandal.

... ... for the petitioners Mr. Rafikul Islam, Mr. S. S. Saha.

... ... for the State 1.

Petitioners submit they are the husband and in-laws of the victim housewife. They have been falsely implicated due to matrimonial dispute. They pray for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail. He submits petitioners tried to douse the victim with kerosene oil and set her on fire.

3.

We have considered the materials on record. Injury on the victim is simple. There is nothing on record to show wearing apparels of the victim smell of kerosene oil.

4.

Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail subject to conditions. 5.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two 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 and they shall appear before the court below and pray for regular bail within four weeks from date and on further condition that the petitioner No.1 shall meet the Investigating Officer once in a week until further orders.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)