Calcutta High CourtCRM(A)/943/2024allowed

Rahila Bibi And ORS. v. The State Of West Bengal

2024-12-02Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

02.12.2024 Item No.76 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 943 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Tufanganj Police Station Case No.625 of 2024 dated 02.08.2024 under Sections 85/103(1)/80(2) of B.N.S.,2023. And In the matter of: Rahila Bibi & Ors.

....Petitioners.

Mr. Sudip Guha, Mr. Sandip Guha Roy, Mr. Ananda Paul ...for the Petitioners.

Mr. Kallol Acharjee, Mr. Kallol Nag ... for the State.

1. The petitioner no.1 is the mother-in-law, petitioner no.2 is the fatherin-law, petitioner no.3 is the brother-in-law and the petitioner no.4 is the uncle-in-law of the deceased. The petitioner submits that the husband against whom the main allegations have been made, has already been granted bail. It is further submitted that charge-sheet has been filed and accordingly, the benefit of Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the B.N.S.S., should be extended to the petitioners.

2. Learned advocate for the State has handed over the case diary.

3. Considering the materials on record, the alleged role played by the petitioners and also the fact that the charge-sheet has been submitted and the husband is on bail, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of equal amount each, to the satisfaction of the Additional Chief Judicial Magistrate, Tufanganj,

Cooch Behar. The petitioners shall appear before the jurisdictional court on the dates fixed. The petitioners shall not leave the jurisdiction of the jurisdictional court without permission of the court.

4. The application for anticipatory bail, being CRM (A) 943 of 2024 is, thus, disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)