Calcutta High Court (Appellete Side)
Monjuri Bibi @ Moriam Bibi & Ors vs Unknown on 1 December, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
01.12.2022 Serial no. 17 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 5580 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Pukuriya Police Station Case No. 240 of 2022 dated 29.06.2022 G.R. NO. 1614 of 2022. Charge sheet submitted vide NO. 347 of 2022 under Sections 498A/306/34 of IPC dated 25.09.2022
-And-
In the matter of : Monjuri Bibi @ Moriam Bibi & Ors.
... ... Petitioners Ms. Minoti Gomes, Mr. Musharraf Alam Sk.
Ms. Susmita Ghorai, Advocates ... ... For the Petitioners Mr. Shiladitya Banerjee, Advocate ... ...For the State The husband was enlarged on bail by the jurisdictional Court.
The police complaint was lodged 18 years after marriage.
The police filed charge sheet.
The allegations as against the petitioners appear to be omnibus and general in nature.
Learned advocate appearing for the State submits that the victim suffered acid attack previously.
On query from Court as to whether there are materials in the case diary suggesting that any of the petitioners were involved in the acid attack on the victim or not, the answer is in the negative in the sense that the materials in the case diary do not speak of involvement of any person.
2In such circumstances, 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) 5580 of 2022 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)