Ejabul @Rejaul Hoque And ORS v. State Of West Bengal

C.R.M. (A) 5273 of 2022 (AD) 17.11.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No.443 of 2022 dated 10/08/2022 under Section 306 of the Indian Penal Code (G.R. No.2134 of 2022). And In the matter of: Ejabul @ Rejaul Hoque & Ors. ....petitioners.

Ms. Minoti gomes Mr. Musharraf Alam Sk.

Ms. Susmita Ghorai ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

Petitioners pray for anticipatory bail.

The post-mortem report of the husband, deceased, suggests that he died due to hanging. The post-mortem report does not indicate that the victim suffered any other internal and external injuries.

In view of the materials in the case diary and the postmortem report of the victim and in view of the fact that the police filed charge sheet, 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 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) 5273 of 2022 is disposed of.

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