Jahinur Bibi v. State Of West Bengal

22.01.2024 Serial no. 107 & 123 Anticipatory Bail [Partly Allowed] Dd In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 1322 of 2023 dated 12.09.2023 under Sections 498A/325/34 of the Indian Penal Code, 1860.

(G.R. Case No. 4311 / 2023) CRM (A) 4645 of 2023 In the matter of : Ejaz Ahamed @ Ijaj Ahammed & Ors. ... ... Petitioners with CRM (A) 4977 of 2023 In the matter of : Jahinur Bibi ... ... Petitioner Mr. Manjit Singh, Mr. Syed Nasim Aejaz, Mr. Biswajit Mal, Advocates ... ... For the Petitioners Md. Rafiqul Islam, Mr. Shasanka Sekher Saha,, Advocate ... ...For the State in CRM (A) 4645 of 2023 Mr. Tanmoy Kr. Ghosh, Ms. Sonali Bhar, Advocates ... ... For the State in CRM (A) 4977 of 2023 Two applications for anticipatory bail are taken up for analogous consideration as they emanate out of the same police case.

Police complaint was lodged within one year of marriage. Husband of the de facto complainant assaulted the de facto complainant. Husband is in custody.

In such circumstances CRM (A) 4645 of 2023 is dismissed as infructuous so far as the petitioner no. 1 (Ejaz Ahamed @ Ijaj Ahammed) is concerned.

So far as the other petitioners in the two applications are concerned, we find from the materials in the case diary that the allegations as against them are omnibus and general in nature.

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

Accordingly, we direct that in the event of arrest the petitioner no.2 (Senehar Khatun), petitioner no. 3 (Rexona Khatun) in CRM (A) 4645 of 2023 and petitioner Jahinur Bibi in CRM (A) of 4977 of 2023 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall cooperate with the investigation till its completion and on further condition that the such 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 such petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner no.2 (Senehar Khatun), petitioner no.

3 (Rexona Khatun) in CRM (A) 4645 of 2023 and petitioner Jahinur Bibi in CRM (A) of 4977 of 2023 is allowed.

CRM (A) 4645 of 2023 and CRM (A) 4977 of 2023 are disposed of.

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