Malek Haque And ANR v. The State Of West Bengal

08.03.2022 CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI COURT : 01 ITEM : 32 MATTER : 438 STATUS : ALLOWED CRM (A) 121 of 2022 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on March 7, 2022 in connection with Haldibari Police Station Case No. 261 of 2021 dated 29.10.2021 under Sections 498A/304B of the Indian Penal Code. (G.R. Case No. 676 of 2021) TRANSCRIBER : nandy And In the matter of: Malek Haque & Anr.

...Petitioners

Ms. Madhushri Dutta, Advocate ...for the Petitioners Mr. Ujjwal Luksom, Advocate Ms. Namrata Das, Advocate ...for the State Apprehending arrest in connection with Haldibari Police Station Case No. 261 of 2021 dated 29.10.2021 under Sections 498A/304B of the Indian Penal Code; the petitioners have filed the instant application for anticipatory bail.

The petitioners are the younger brother-in-law and his wife. In course of hearing, it has been brought to our notice that the other family members including the husband of the victim lady had already been enlarged on bail. Furthermore, we find that the allegation made in the FIR is omnibus and attributable to the conduct of all the persons. In such view of the matter, we do not think that custodial interrogation of the petitioners is necessary. As such, the prayer for anticipatory bail is allowed. Accordingly, in the event of arrest the petitioners, namely Malek Haque & Lovely Khatun shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of Rs.5,000/- each, to the satisfaction of the arresting officer and also subject to conditions as enshrined under Section 438(2) of the Code

of Criminal Procedure and on further condition that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date and on further conditions that the petitioners shall appear before the Court below on every date fixed for hearing. .

The application being CRM (A) 121 of 2022 is accordingly disposed of.

(Harish Tandon, J) (Rabindranath Samanta, J)