Najmul @ Najimul Hossain And ORS v. The State Of West Bengal And ANR

09.12.2024 Sl. No.34 akd [ALLOWED] C. R. M. (A) 4112 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 18.11.2024 in connection with Gangarampur Police Station Case No.212 of 2024 dated 04.05.2024 under Sections 498A/304B/34 of the Indian Penal Code, Section 6 of the POCSO Act and Section 10 of the Prohibition of Child Marriage Act.

And In Re: Najmul @ Najimul Hossain & Ors.

... ... Petitioners Mr. Asim Kumar Chakraborti ... ... for the petitioners Mr. Amit Ranjan Pati ... ... for the de-facto complainant Mr. Iqbal Kabir Mr. Akash Ganguly ... ... for the State 1.

It is submitted on behalf of the petitioners that they are the inlaws of the victim girl. It is further submitted victim had fallen in love with the principal accused and had married. Subsequently, she committed suicide. Accordingly, they pray for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail. He submits victim and the principal accused had fallen in love and married. Subsequently, petitioners demanded money. As a result, victim committed suicide. 4.

We have considered the materials on record. Victim was a minor girl. She eloped and married the principal accused. Subsequently, she committed suicide. Allegations of demand of dowry are general and omnibus. It is to be assessed at the appropriate stage of the proceeding Signed By : ARUP KUMAR DAS High Court of Calcutta 11 th of December 2024 03:40:30 PM

whether there is a livelink between the alleged demand and suicide. Petitioners are the in-laws of the victim girl and their custodial interrogation for progress of investigation is not necessary. Principal accused has been enlarged on regular bail. Hence, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct in the event of arrest, the petitioners, namely, (1) Najmul @ Najimul Hossain, (2) Tajmul @ Tajimul Ali, (3) Mamoni Khatun, (4) Lipi Parvin & (5) Nargia Bibi @ Nargis Parvin, 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 11 th of December 2024 03:40:30 PM