Amirul Haque And ANR v. State Of West Bengal

10.01.2024 Item No.30 Ct. No. 29 CHC Allowed C.R.M.(A) 3 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 670 of 2023 dated 07.10.2023 under Sections 498A/ 494/ 323/ 325/ 308/ 313/34 of the Indian Penal Code, 1860.

And In the matter of : Amirul Haque & anr.

...... petitioners Md. Wasim Akram ....for the petitioners Mrs. Sonali Das ....for the State Petitioners pray for anticipatory bail.

Petitioners before us are in-laws of the de facto complainant.

Materials in the Case Diary suggest that there was a miscarriage.

Husband of the de facto complainant surrendered before the jurisdictional Court and was taken into custody. Petitioner no.1 is the father-in-law while the petitioner no.2 is married sister-in-law.

Our attention was not drawn to any statement of any neighbours implicating any of the petitioners before us. In such circumstances, 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 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 petitioner no.1, namely, Amirul Haque will report before the Investigating Officer once in a fortnight till the conclusion of investigation and petitioner no.2, namely, Jubeda Khatun will cooperate with the investigation till the conclusion of the investigation and on further 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 3 of 2024 is disposed of.

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