Sk Mursed And ANR. v. State Of West Bengal

04.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4523 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Contai Police Station Case No. 400 of 2022 dated 08.10.2022 under Sections 498A/304B of the Indian Penal Code. And In Re : Sk. Mursed & Anr. ...... petitioners Sk Sahjahan Ali ....for the petitioners Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioner was enlarged on an interim anticipatory bail.

It is submitted at the bar that, the interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary.

We perused the materials in the case diary.

We find that the police filed charge sheet.

Husband was arrested and was granted bail by the Jurisdictional Court.

Apparently, the victim committed suicide as appearing from the post mortem report.

In such circumstances, we confirm the interim order dated October 16, 2023.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear on every date before the Jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)