← Library
Calcutta High CourtCRM/10332/2020allowed

Tamij Khan @ Raju Khan And ANR v. State Of West Bengal

2020-12-15Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

15.12.2020.

129.

as (Allowed).

C.R.M. 10332 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Banarhat P. S. Case No.208 of 2019 dated 24.11.2019 under Sections 498A/323/34 of the Indian Penal Code. In the matter of : Tamij Khan @ Raju Khan (31 years) & Anr. ... Petitioners.

Ms. Jeenia Rudra.

...for the Petitioners.

Mr. Nilay Chakraborty, Ms. Namrata Das.

.....for the State.

Heard the learned Advocates appearing for the parties. Allegation of torture against the petitioners i.e. in-laws of the victim housewife are general and omnibus. Allegation of forcible miscarriage is not supported by medical evidence. Under such circumstances, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioners, viz., Tamij Khan @ Raju Khan (31 years) and Kalpana Bibi @ Kalpana Khatun shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh,J.) (Joymalya Bagchi, J.)