Allowed

Manawara Bibi and Anr. v. State of West Bengal

Calcutta HC4 Dec 2020CRM/9712/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner mother-in-law and father-in-law of the victim in a dowry and murder case. The court held that custodial interrogation was not warranted and directed bail upon arrest with a bond and sureties under Section 438 CrPC.

What did the court decide?

Application allowed; petitioners to be released on bail upon arrest by furnishing a bond of Rs. 10,000/- with two sureties of like amount.

Manawara Bibi and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2020)

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04.12.2020

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Item No. 14 allowed Crt.11

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C.R.M. 9712 of 2020

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(via video conference)

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In Re:- An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No. 965 of 2020 dated 15.10.2020 under Sections 498A/304B/302/506/34 of the IPC.

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And

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In Re : Manawara Bibi & Anr. ...… petitioners

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Mr. Arup Bhowmick ..…for the petitioners.

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Mr. Prasun Kumar Dutta Mr. Pradipta Ganguly .…for the State

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Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

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Learned advocate for the petitioners submits that the petitioner no.1 is the mother-in-law and the petitioner no.2 is the father-in-law of the victim/deceased. Learned advocate for the petitioners further submits that there are allegations against the husband and the present petitioners have been implicated as accused as they are related to the husband.

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Learned advocate for the State opposes the prayer for bail and draws the attention of this Court to the statement of the neighbours.

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We have perused the Case Diary and on consideration of the same, we are of the opinion that although a case has been made out but custodial interrogation of the present petitioners may not be warranted in the facts and circumstances of the case. As such the prayer for anticipatory bail is allowed.

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Accordingly, we direct that in the event of arrest the petitioner will be released on bail upon furnishing a bond of Rs.10,000/- (Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

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The application for anticipatory bail is, thus, allowed.

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CRM 9712 of 2020 stands thus disposed of.

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All concerned parties shall act in terms of the copy of the

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order downloaded from the official website of this Court.

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(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)

Manawara Bibi and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Manawara Bibi and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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