← Library
Calcutta High CourtCRM (A)/4169/2024allowed

Sabir Sk. @ Md. Sabir Ali And ORS v. The State Of West Bengal

2024-12-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

09.12.2024 sdas Allowed C.R.M. (A) No. 4169 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Beldanga Police Station Case No. 410 of 2024 dated 31.05.2024 under Sections 498A/302/304B of the Indian Penal Code and charge-sheet submitted under Sections 498A/306/304B of the Indian Penal Code.

And In Re : Sabir Sk. @ Md. Sabir Ali & Ors. ..... petitioners Ms. Shabana Hasin .....for the petitioners Ms. Faria Hossain Mr. Subham Bhakat .....for the State 1.

Learned Counsel for the petitioners submits they are in-laws of the victim housewife. It is also submitted out of depression victim lady committed suicide. Accordingly, they pray for anticipatory bail.

2.

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

3. We have considered the materials on record including the post mortem report. Report indicates death was due to hanging which is pre-dominantly suicidal. Allegations against the petitioners i.e. in-laws are general and omnibus and incident occurred five years after marriage. Principal accused i.e. husband has been granted regular bail. Under such Signed By :

SHANTANU DAS High Court of Calcutta 11 th of December 2024 05:26:24 PM

circumstances we are inclined to grant anticipatory bail to the petitioners.

4. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that they shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

5. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 11 th of December 2024 05:26:24 PM