Sahanara Begum v. State Of West Bengal

06.10.2020 SL No.33 Court No.11 (gc) (Allowed) CRM 7421 of 2020 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 Amta P.S. Case No.128/2020 dated 08.05.2020 under Sections 498A/302/304B/34 of the Indian Penal Code and 3/4 Dowry Prohibition Act.

And In the matter of: Sahanara Begum & Ors.

....Petitioners.

Mr. Soumya Roy, Mr. Fasiur Rahman Molla, Mr. Santosh Mahato ...for the Petitioners.

Mr. Bidyut Kr. Roy, Ms. Rita Datta ...for the State.

The petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

This is an application for anticipatory bail by the motherin-law, father-in-law, brother-in-law and sister-in-law of the victim. The learned Counsel for the petitioners submits that the petitioners have been falsely implicated. It is further submitted that other two co-accused persons were arrested on 12th May, 2020 and 17th May, 2020 and have been granted regular bail by the Trial Court.

The learned Counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

Having considered the materials on record and the extent of complicity of the present petitioners in the commission of alleged offence, we feel that the custodial interrogation of the petitioners is not necessary. Moreover, the husband and another co-accused have been granted regular bail by the Trial Court. Accordingly, we are inclined to allow the prayer for anticipatory bail to the petitioners. In the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together 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.

It is further directed that the petitioners Nos.2 and 3 shall meet the I.O. of the case once a week.

The application for anticipatory bail being CRM 7421 of 2020 is allowed.

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

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)