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Calcutta High CourtCRM/7117/2020allowed

Anowara Bibi Alias Mulubibi And ANR v. State Of West Bengal

2020-09-28Hon'Ble Justice Soumen Sen,Hon'Ble Justice Jay Sengupta2 pages

28.09.2020 SL No.38 pk CRM 7117 of 2020 With CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Labpur Police Station Case No.

of dated 10.01.2020 under Sections 498A/304B/302/34 of the Indian Penal Code.

And In the matter of: Anowara Bibi @ Mulu Bibi amd another ....Petitioners.

Mr. Sujoy Sarkar ...for the Petitioners.

Mr. Sudip Ghosh, Mr. Apurba Kumar Datta ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

Accordingly, the application being CRAN 1 of 2020 is disposed of.

Learned counsel appearing on behalf of the petitioners submits that the petitioner no. 1 is sister-in-law and the petitioner no. 2 is the brother-in-law of the deceased. He submits that persons on similar footing have been granted anticipatory bail by a Co-ordinate Bench on

13. 08. 2020 in C. R. M. No. 5398 of 2020. He further submits that the principal accused, namely, husband has been granted bail by the trial court.

Counsel for the State opposes the prayer for anticipatory bail. He submits that there are other issues involved like stealing of motor bike.

Considering the materials on record and the involvement of the petitioners in the alleged crime and also having regard to the order passed by the Co-ordinate Bench, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest the petitioners shall be released on anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

The application for anticipatory bail being CRM 7117 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Soumen Sen, J.) (Jay Sengupta, J.)