Sk Dalim And ANR v. State Of West Bengal

15.12.2020 Sl. No.120 akd [ALLOWED] C. R. M. 9997 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No.152 of 2020 dated 13.05.2020 under Sections 498A/304B of the Indian Penal Code.

And In Re: Sk. Dalim & Anr.

... ... Petitioners Mr. Arup Kumar Bhowmick .. Advocate ... ... for the petitioners Mrs. Sukanya Bhattacharya .. Advocate Md. Kutubuddin .. Advocate ... ... for the State It is submitted on behalf of the petitioners that they are the inlaws of the victim-housewife. It is further submitted that the couple used to reside separately. It is also submitted that co-accused persons have been granted pre-arrest bail.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the victim-housewife was tortured and she committed suicide within one year of marriage. Bearing in mind the extent of complicity of the petitioners in the alleged crime and in the light of the materials on record and as coaccused persons have been granted pre-arrest bail, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Sk. Dalim & (2) Sahanaj Khatun @ Munni 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 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. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)