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Calcutta High CourtCRM (A)/5259/2022allowed

Anoyara Bibi And ORS v. State Of West Bengal

2022-11-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5259 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Woman P.S. Case No.116 of 2022 dated 18/07/2022 under Sections 498A/323/307/109 of the Indian Penal Code (Corresponding to G.R. Case No.1901 of 2022). And In the matter of: Anoyara Bibi & Ors.

....petitioners.

Mr. Kaushik Choudhury Ms. Busra Khatoon ...for the petitioners.

Mr. Pravas Bhattacharyya Mr. Pratick Bose ...for the State.

(AD) 17.11.2022 Court No.29 (Allowed) Petitioners pray for anticipatory bail.

The husband was arrested and enlarged on bail by the jurisdictional Court.

The allegation as against the petitioners appears to be omnibus and general in nature.

The police complaint was lodged eleven years after marriage.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall 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 on further condition that the petitioner nos.2, 3 and 4 will report before the Investigating Officer once a month till the conclusion of the

investigation and petitioner no.1 will cooperate with the investigation till the conclusion of the investigation 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. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5259 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)