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[Cites 7, Cited by 0]

Calcutta High Court (Appellete Side)

Roshon Bibi @ Roshon Ara & Ors vs Unknown on 19 September, 2023

19.09.2023                             C.R.M. (A) 3746 of 2023
 ML. 139
Court No. 29      In Re: - An application for anticipatory bail under Section 438 of
  Suvayan         the Code of Criminal Procedure filed in connection with Hirapur
 (Allowed)
                  P.S. Case No. 477 of 2022 dated 30.11.2022 under Sections
                  498A/304B/34 of the IPC read with Section 3/4 of the D.P. Act
                  corresponding to G.R. Case No. 3864 of 2022 pending before the
                  learned CJM, Asansol Paschim Bardhaman.
                                                  And

                  In the matter of: Roshon Bibi @ Roshon Ara & Ors.
                                                                  ....petitioners.
                      Mr. Md. Sarbir Ahmed
                      Mr. Tasnim Ahamed
                      Mr. Dhiman Banerejee
                      Mr. Suman Biswas
                      Mr. Gopal Chakraborty
                                                            ...for the petitioners.
                      Mr. S. G. Mukherji, PP
                      Mr. Aniket Mitra
                      Ms. Jonaki Saha
                                                                 ...for the State.
               1.

Heard learned Counsel for both the parties.

2. The petitioner No. 1 is the mother-in-law and the petitioner Nos. 2 to 5 are the sister-in-law and the petitioner No. 6 is the brother-in-law of the deceased housewife who admittedly has committed suicide by hanging.

3. From the materials as placed before this Court especially from the statements of the witnesses as recorded under Section 161 Cr.P.C., we find the involvement of the present petitioners in infliction of torture, both physical and mental upon the deceased housewife during her lifetime but in our considered view those allegations are at the fringe at least prima facie.

4. Charge-sheet is stated to have been submitted in the meantime and, thus, we find no justification for custodial interrogation of the present petitioners for the purpose of investigation.

5. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each the petitioner shall 2 surrender before the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman within 15 days from today in the G.R. case No. 3864 of 2022 arising out of aforesaid P.S. case. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. The learned CJM, Asansol, Paschim Bardhaman is directed to act upon the server copy of this order, if required.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 3746 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3