Calcutta High Court (Appellete Side)

Minarul Islam & Ors vs Anowara Bibi @ Anoyara Bibi & Anr on 30 April, 2024

Author:
Debangsu Basak

Bench:
Debangsu Basak

C.R.M. (A) 1482 of 2024
30.04.2024 In Re: - An application for anticipatory bail under Section 438
DL-5 wt 51
Court No.29 of the
Code of Criminal Procedure
in connection with
(AD) Raninagar Police Station Case No.622 of 2023 dated
(Allowed) 13.11.2023 under
Sections 498A
/
304B
/
/
/
of the
Indian Penal Code, 1860 read with
Sections 3
/
of the Dowry
Prohibition Act, subsequently charge sheeted under
Sections
498A
/
304B
/
/
/
of the Indian Penal Code read with

Section 4
of the Dowry Prohibition Act, pending before the
Learned Court of Additional Chief Judicial Magistrate,
Lalbagh, Murshidabad. (G.R. Case No.3843 of 2023)
And
In the matter of: Minarul Islam & Ors.
....petitioners

Mr. Soumajit Das Mahapatra
Md. G.N. Imrohi
Ms. Arundhuyti Barui
...for the petitioners.

Mr. P.K. Datta, Ld. APP
Mr. Injamaul Haque
... for the State.

With
C.R.M. (A) 1444 of 2024

In Re: - An application for anticipatory bail under
Section 438

of the Code of Criminal Procedure in connection with
Raninagar Police Station Case No.622 of 2023 dated
13.11.2023 under
Sections 498A
/
304B
/
/
/
of the
Indian Penal Code, 1860 read with
Sections 3
/
of the Dowry
Prohibition Act, subsequently charge sheeted under
Sections
498A
/
304B
/
/
/
of the Indian Penal Code read with

Section 4
of the Dowry Prohibition Act, pending before the
Learned Court of Additional Chief Judicial Magistrate,
Lalbagh, Murshidabad. (G.R. Case No.3843 of 2023)
And
In the matter of: Anowara Bibi @ Anoyara Bibi & Anr.
....petitioners

Mr. Soumajit Das Mahapatra
Md. G.N. Imrohi
Ms. Arundhuyti Barui
...for the petitioners.

Mr. Rana Mukherjee
Mrs. Paramita Sahu
... for the State.

1.
Leave granted to the learned Advocate-on-record for the

Signed By :

ABHIJIT DAS
High Court of
Calcutta
30 th of April
2024 04:38:37
PM
petitioners in both the applications to correct the cause-

title.

2. Two applications for anticipatory bail are taken up for

analogous consideration as they emanate out of the same

police case.

3. None appears for the de facto complainant despite being

served.

4. Police complaint was lodged within three months of

marriage. Police filed charge sheet. Husband is still in

custody.

5. Apparently, victim committed suicide. The petitioners

before us are the in-laws of the victim.

6. Materials in the case diary do not suggest requirement of

placing any of the petitioner in custody at this stage.

7. In such circumstances, we grant anticipatory bail to the

petitioners in both the applications.

8. Accordingly, we direct that in the event of arrest, the

petitioners in both the applications 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

subject to the conditions as laid down under
Section

438(2)
of the Code of Criminal Procedure, 1973 and on

condition that the petitioners in both the applications 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 both the

Signed By :

ABHIJIT DAS
High Court of
Calcutta
30 th of April
2024 04:38:37
PM
applications in Court including cancelling the anticipatory

bail granted without further reference to this Court.

9. The prayer for anticipatory bail of the petitioners in both

the applications is allowed.

10. C.R.M. (A) 1482 of 2024 and C.R.M. (A) 1444 of 2024

are disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)

Signed By :

ABHIJIT DAS
High Court of
Calcutta
30 th of April
2024 04:38:37
PM