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Judgment
Arindam Lodh, J
Heard Mr. P. Biswas, learned counsel appearing for the applicant. Also heard Mr. Raju Datta, learned PP appearing for the respondent-State.
Apprehending arrest in connection with Dharmanagar Women PS case No. 0023 of 2024 registered under Sections 85/80/3(5) of the BNS, 2023, the applicants, namely, Layla Bibi, Abdul chattar Miah, Lakhi Begam and Jabbar Miah, have filed by the instant pre-arrest bail application under Section 482 of BNSS, 2023.
In the complaint, it is alleged that the daughter of the complainant was married to Jabbar Miah and since after marriage the applicants herein tortured her on demand of money. It was further alleged that the accused persons had killed her daughter since her daughter since her daughter failed to fulfill their illegal demand.
Mr. Datta, learned PP has produced the case diary and prayed for an accommodation to produce the post-mortem report of the victim.
Mr. Biswas, learned counsel appearing for the applicants has submitted that the applicants are also not involved with the alleged incident and they are totally innocent and thus, he has prayed for enlarging them on anticipatory bail.
I have gone through the case diary. From the case diary, prima facie, I do not find any material against the applicants, namely, Layla Bibi, Abdul Chattar Miah and Lakhi Begam, hence, I am inclined to enlarge the applicants on pre-arrest bail.
Vide Order dated 03.10.2024, one of the applicants, namely, Layla Bibi was enlarged on interim bail till today (07.10.2024).
In view of submission put forth by Mr. Biswas, learned counsel for the applicant, I confirm the interim bail of Layla Bibi. Accordingly, the interim bail as granted to Layla Bibi vide order dated 03.10.2024 is hereby confirmed.
Further, I direct that in the event of arrest, the applicants, namely, Abdul Chattar Miah and Lakhi Begam, shall also be released on bail on executing a bond of Rs. 25,000/- each with one surety of the like amount to the satisfaction of the arresting authority.
However, in absence of post-mortem report of the victim, the anticipatory bail relating to Jabbar Miah, husband of the victim cannot be considered today.
List the matter on 08.10.2024.
On the next date learned PP shall produce the post mortem report of the victim for considering the bail of Jabbar Miah, husband of the victim.