Allowed

Farida Bibi and Anr. v. the State of West Bengal

Calcutta HC11 Jul 2024CRM (A)/2348/2024

Case brief

AI extract

What is this about?

The Calcutta High Court allowed an application for anticipatory bail filed by two married sisters-in-law accused under Sections 498A, 302 IPC, and other provisions. Finding that the petitioners stand on the same footing as a co-accused already granted bail and the allegations are omnibus, the court held custodial interrogation unnecessary.

What did the court decide?

Anticipatory bail allowed subject to execution of a bail bond of Rs.10,000/- each with two sureties and cooperation with investigation.

Farida Bibi and Anr. Vs the State of West Bengal — Dowry and Cruelty | Calcutta HC (2024)

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11.07.2024 Court No.29 Item No. 48

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Allowed

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sg CRM (A) 2348 of 2024

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In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kirnahar Police Station Case No. 59 of 2024 dated 04.05.2024 under Sections 498A/323/302/34 of the Indian Penal Code and Section 3/4 of the D.P. Act, pending before the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum.

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And

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In Re: Farida Bibi & Anr.

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Petitioners

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Mr. Sujoy Sarkar Ms. Amita Gaur Miss. Nahid Ahmed

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For the Petitioners For the State

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Claiming parity with the co-accused person, namely, Ajnal Sk. @ Sanowar Sk. @ Aajnal Sekh, the present petitioners who happens to be the married sisters-in-law has prayed for anticipatory bail.

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The learned Counsel for the State does not object to the fact that the petitioners stand on the same footing as that of the co-accused person.

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Considering the materials available in the case diary and the fact that the present petitioners are standing on the same footing as that of Ajnal Sk. @ Sanowar Sk. @ Aajnal Sekh, who was granted anticipatory bail by a coordinate Bench on 27^th June, 2024 in CRM(A) 1979 of 2024 and also having regard to the fact that the allegation appears to be omnibus in nature, we are of the view that the custodial interrogation of the present petitioners is not necessary.

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Signed By : SANJIB GHOSH High Court of Calcutta 12 th of July 2024 11:25:33 AM

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Accordingly, we direct that in the event of arrest the petitioners namely, Farida Bibi and Tunu Bibi @ Golchehara Bibi , 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 Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioners shall cooperate with the investigation. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum, in connection with G.R. Case No. 611 of 2024 within two weeks from date.

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Accordingly, the prayer for anticipatory bail of the petitioners is allowed..

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CRM (A) 2348 of 2024 is, thus, disposed of.

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

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(Soumen Sen, J.)

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(Sugato Majumdar, J.)

Farida Bibi and Anr. v. the State of West Bengal

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Farida Bibi and Anr. v. the State of West Bengal

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