Teherun Bibi v. State Of West Bengal

28.09.2020 Sl. No.43 akd [ALLOWED] C. R. M. 7079 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.09.2020 in connection with English Bazar Police Station Case No. 342 of 2020 dated 23.04.2020 under Sections 498A/306/34 of the Indian Penal Code. (G.R. Case No.1751 of 2020) And In Re: Teherun Bibi @ Taharun & Anr.

... ... Petitioners Mr. Sagar Saha .. Advocate ... ... for the petitioners Ms. Zareen N. Khan .. Advocate Mrs. Sujata Das .. Advocate ... ... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 is accordingly, disposed of.

It is submitted on behalf of the petitioners that they are the inlaws of the victim-housewife and charge-sheet has been filed against them only under Section 498A IPC.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the alleged crime in the light of the aforesaid submission made on their behalf and as investigation is complete, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Teherun Bibi @ Taharun & (2) Rina Bibi, 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.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)