Owajed Ali Sk v. State Of West Bengal

C.R.M. (A) 5331 of 2022 (AD) 22.11.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No.220 of 2021 dated 12/06/2021 under Sections 498A/304B/306/34 of the Indian Penal Code, 1860. And In the matter of: Owajed Ali Sk ....petitioner.

Mr. Kallopl Mondal Mr. Amanul Islam Mr. Krishan Ray Mr. Sourav Mukherjee Mr. Souvik Das ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra Mr. Jonaki Saha ...for the State.

Petitioner prays for anticipatory bail.

The petitioner is the husband of the victim.

The petitioner used to reside abroad.

At least the materials in the case diary suggest that the petitioner was not present at the time of occurrence. The victim apparently committed suicide at her parental home.

The in-laws of the victim were granted anticipatory bail by this Hon'ble Court on December 20, 2021 in CRM 4135 of 2021. The police filed charge sheet.

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

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 5331 of 2022 is disposed of.

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