Hajera Khatun@Hazra Khatun And ORS v. State Of West Bengal

17.11.2022 Serial no.1 Aloke Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 691 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Maynaguri Police Station Case No. 255 of 2022 dated 18.06.2022 under Sections 498A/302/34 of the Indian Penal Cod read with Section 3/4 of the Dowry Prohibition Act and charge-sheet submitted under Sections 498A/306/34 of the Indian Penal Code.

-AndIn the matter of : Hajera Khatun @ Hazra Khatun & Ors. ... ... Petitioners Mr. Prabir Kr. Mitra, Advocate Ms. Subhanwita Ghosh, Advocate Ms. Ariba Shabab, Advocate Mr. Yashvardhan Shaw, Advocate ... ... For the Petitioners Mr. Aditi Shankar Chakraborty, Advocate Mr. Ujjwal Luksom, Advocate Mr. Aniruddha Biswas, Advocate ... ...For the State Petitioners seek anticipatory bail.

The victim died due to burn injuries. There is a statement of the doctor treating the victim where the doctor claims that the victim confided in her that she poured kerosene and set herself ablaze subsequent to an altercation with the husband. The husband was enlarged on bail by the jurisdictional Court. The police filed charge-sheet inter alia under Section 306 of the Indian Penal Code after conducting an investigation inter alia under Section 302 of the Indian Penal Code.

Consequently, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will

pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 691 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)