Biki Ali and Ors. Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2024)

Biki Ali and Ors. Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner nos. 3 (Abdul Rahim) and 4 (Anguri Bibi @ Gulsena Parveen): release on arrest upon bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC conditions, with direction to appear before the learned ACJM, Chanchal, Malda within two weeks to pray for regular bail; prayer rejected for petitioner nos. 1, 2 and 5; application disposed of.

Issue for consideration

Whether the prayer for anticipatory bail under section 438 of the Code of Criminal Procedure should be granted to the petitioners in connection with Chanchal Police Station Case No. 974 of 2022.

Court's answer

Anticipatory bail is refused to petitioner nos. 1 (Biki Ali), 2 (Manik Alam @ Manik) and 5 (Mir Lalchan @ Mir Lalchad Ali), considering the case diary materials, the victim's Section 164 CrPC statement directly implicating them, and the injury report.

Ratio / Principle

The prayer for anticipatory bail in respect of petitioner nos. 1, 2 and 5 is rejected.

Key takeaways

The prayer for anticipatory bail is allowed in respect of petitioner nos. 3 and 4.ratio¶10
In the event of arrest, petitioner no.3 (Abdul Rahim) and petitioner no. 4 (Anguri Bibi @ Gulsena Parveen) shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions under Section 438(2) CrPC, 1973.ratio¶13
Petitioner nos. 3 and 4 are directed to appear before the learned Additional Chief Judicial Magistrate, Chanchal, Malda within two weeks from date and pray for regular bail.

Detailed headnote1 paragraphs

Anticipatory bail under s.438 CrPC sought in connection with Chanchal Police Station Case No. 974 of 2022 dated 22.08.2022 (Sections 498A/323/308/376(2)(f)/506/34 IPC read with Sections 3/4 Dowry Prohibition Act). Considering the case diary, the victim's Section 164 CrPC statement directly implicating petitioner nos. 1, 2 and 5, and the injury report, anticipatory bail was refused to petitioner nos. 1 (Biki Ali), 2 (Manik Alam @ Manik) and 5 (Mir Lalchan @ Mir Lalchad Ali). It was allowed for petitioner nos. 3 (Abdul Rahim) and 4 (Anguri Bibi @ Gulsena Parveen): on arrest, release upon bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the arresting officer, subject to Section 438(2) CrPC 1973 conditions, and with direction to appear before the learned Additional Chief Judicial Magistrate, Chanchal, Malda within two weeks to pray for regular bail. Application partly allowed and disposed of. Bench: Soumen Sen and Uday Kumar, JJ. (High Court of Calcutta, 09.07.2024).

09.07.2024 Sl No. 11 Court No.29 TN (partly allowed)

CRM (A) 2164 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Chanchal Police Station Case No. 974 of 2022 dated 22.08.2022 under Sections 498A/323/308/376(2)(f)/506/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. And In the matter of: Biki Ali and others.

petitioners.

Mr. A. Chakraborty, Mr. S. S. Saha, Mr. S. Pakrashee …. for the petitioners.

Mr. Binoy Kr. Panda, Mr. Raju Mondal … for the State.

1. By consent of parties, this application is taken up for consideration.

1. Considering the materials available in the case diary, the statement of the victim recorded under Section 164 of the Code of Criminal Procedure directly implicating the petitioner nos. 1, 2 and 5 and also injury report, we are not inclined to grant anticipatory bail to the petitioner no. 1 (Biki Ali), petitioner no. 2 (Manik Alam @ Manik) and petitioner no. 5 (Mir Lalchan @ Mir Lalchad Ali) .

1. Accordingly, the prayer for anticipatory bail in respect of petitioner nos. 1, 2 and 5 is rejected.

1. However, we allow the prayer for anticipatory bail in respect of petitioner nos. 3 and 4.

Signed By : TANMOY NANDAN High Court of Calcutta 10 th of July 2024 11:34:25 AM

2

Accordingly, we direct that in the event of arrest, the petitioner no.3 (Abdul Rahim) and petitioner no. 4 (Anguri Bibi @ Gulsena Parveen) shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, 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.

It is further directed that the present accused petitioner nos. 3 and 4 shall appear before the learned Additional Chief Judicial Magistrate, Chanchal, Malda within two weeks from date and pray for regular bail.

Accordingly, the application for anticipatory bail is disposed of.

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

(Soumen Sen, J.)

(Uday Kumar, J.)

Signed By : TANMOY NANDAN High Court of Calcutta 10 th of July 2024 11:34:25 AM