Before The Learned District & Session Judge, Dakshin

Dinajpur, Balurghat.

REF:- CRIMINAL MISC CASE OF 2023.

State of West Bengal versus Sharmin Banu & others

In the Matter of: ---

Banshihari Police Station Case No:-166/23
dated 10/07/2023 U/S 306/34 IPC.
AND:- GR-……./2023.

PENDING IN THE ACJM,GANGARAMPUR AT

BUNIADPUR (GRO FILE).
And
In the Matter of:-

1. SHARMIN BANU 27 YEARS D/O- SIRAJUL ISLAM.

2. HASAN SARKAR@ MOHAMMADUR HASAN SARKAR AGED
ABOUT-33 YEARS S/O- SIRAJUL ISLAM
3. MOSTAKIN SARKAR AGED ABOUT-24 YEARS S/O- SIRAJUL
ISLAM
4. SIRIN YEASMIN AGED ABOUT-32 YEARS, D/O- SIRAJUL ISLAM.
5. MAFUJA BIBI AGED ABOUT- 53 YEARS W/O- SIRAJUL ISLAM.
6. SIRAJUL ISLAM AGED ABOUT- 65 YEARS S/O- LATE UNUS ALI.
ALL OF VILLAGE- TELIKURI, PO-SIHOL, PS-BANSHIHARI,
DISTRICT-DAKSHIN DINAJPUR.
7. SHAINUR CHOWDHURY AGED ABOUT-25 YEARS W/O- AMIT
CHOWDHURY.
8. AMIT CHOWDHURY AGED ABOUT-31 YEARS
OF VILLAGE-SHIBPUR, PO-BANSHIHARI, DISTRICT-DAKSHIN
DINAJPUR.
ACCUSED PETITIONER.

Versus
STATE OF WEST BENGAL, SERVICE THROUGH THE PUBLIC
PROSECUTOR, DAKSHIN DINAJPUR, DAKSHIN DINAJPUR,
BALURGHAT.

And
In The Matter Of:-
An Application for Anticipatory Bail on
behalf of the Accused Petitioner U/S 438 of
the Code of Criminal Procedure, 1973.

The humble petitioner most respectfully submits that:--

(a) That the accused petitioner except 2 & 3 are the permanent
resident of within the Jurisdiction of this Honourable Court
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and accused petitioner No-5 &6 are old aged person and

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 accused petitioner No-2 & 3 by profession working in a
private company 4 by profession civic volunteer attached to
Banshihari Police Station. That the allegation against the
petitioners are that – on 10/07/2023 one Najmul Islam S/O-
Late Nasiruddin Ahamed of village-Telikuri, PO-Sihole, PS-
Banshihari, District-Dakshin Dinajpur, lodged written
complaint before the Officer In-Charge, Banshihari Police
Station with a allegation that his son namely Umarbin
Farook aged about-35 years solemnized marriage in month
of January,2023. That the defacto complainant alleged that
FIR accused No-8 on the date of marriage threatened on the
date of his son marriage for solemnization of marriage with
FIR accused No-1.That the defacto complainant further
alleged that since after the marriage due to the active
instigation by the FIR accused No-7 & 8 accused No-1
continuously disturbed his son Umarbin Farook & accused
No-1 also created pressure for marry her by giving Talak to
his wife. That the defacto complainant also alleged that
accused No-1 also received an amount of Rs-50000/- from
his son illegally. That lastly on 08th July, 2023 one Tarik
Aziz found the said Umarbin Farook as dead on his own
tractor in the field. Those upon the strength of the written
complaint lodged by the complainant Banshihari Police
Station Case No:- 166/23 dated 10/07/2023 U/S 306/34 IPC,
has been initiated against present accused petitioners. And
for which the accused apprehended that they may be arrested
at any time in connection with the case referred above.
(b) That the present accused petitioner humbly submits that they
are innocent & no way connected with the present case.
(c) That the complainant in his written complain in every line
narrated false & fabricated third story.
(d) That the deceased never been received any sorts of
threatening & mental pressure over his person from any of
the accused.
(e) That the defacto complainant intentionally & on a deliberate
manner implicated the entire family with a false blame. It
was true that once upon a time there was an affair between
the accused petitioner No-1 with the deceased. But due to
the constant objections the deceased was compelled to marry
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another lady as per his family wish. That since the marriage

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 the deceased continued his communications with the
accused petitioner No-1. That the accused petitioner No- 1
on repeated occasions denied continuing any
communications with him but he compelled her. That the
family members of the accused No-1 fixed marriage with
another person scheduled on 9th July, 2023. On hearing the
same & due to his dissatisfaction towards his married life
deceased committed suicide on his own. That the accused
petitioners are no way connected with the allegation raised
by the defacto complainant.
(f) That both the accused Petitioner No- 5 & are senior citizen
& they were also innocent & permanent resident within the
Jurisdiction of this Honourable Court.
(g) That the family members of the accused petitioner i.e wife
of the accused petitioner No-2 already lodged specific case
before the Banshihari Police Station against 25 persons
including the defacto complainant of this case for
committing humiliations & physical assault & mischief
caused by them just after the death of the deceased.
(h) That for the purpose of investigation the accused detention
no longer required.
(i) That previously no other Anticipatory Bail application u/s
438 has been filed in respect of the present accused
petitioner before any Higher Court including Calcutta High
Court/Supreme Court of India.
(j) That no other Bail petition has been filed by the accused
petitioner on any occasion, & no such bail petition is
pending in any Higher Court.
(k) That the accused is totally innocents and are not guilty of
any of the offence as alleged by the complainant.
(l) That the petitioner is ready and willing to furnish the
necessary sureties as may be directed by this Honorable
Court & also bind himself as to the any conditions as
imposed by the Honorable Court .
(m) That the accused petitioners never prayed for any Bail
before any court. And no such bail petition is pending in any
Court.
(n) And for which the above named accused petitioner prayed
for an order for Anticipatory Bail.
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It is therefore prayed that this Honorable Court May be pleased to
direct the release of the petitioners on Anticipatory Bail in the event of
their arrest in Banshihari Police Station Case No:- 166/23 dated
10/07/2023 U/S 306/34 IPC (GR-…./2023) and to pass any such other
or further or orders as this Honorable Court May deem fit and proper
in the circumstances of the case
BEFORE THE LEARNED DISTRICT & SESSION JUDGE,
DAKSHIN DINAJPUR, BALURGHAT

REF: - CRIMINAL MISC CASE OF 2023.

State of West Bengal versus Sharmin Banu & others

AFFIDAVIT
I, Rana Singha Roy S/O Late Promad Singha Roy, aged
about 58 years, resident of VILLAGE-North
Chakbhawani, PO-Balurghat,PS-Balurghat, DIST-
Dakshin Dinajpur, by profession-LAWCLERK, do
hereby solemnly declares that..
1. I am the engaged law clerk of the above referred
application U/S 438 CrPC.
2. That the statements made in paragraph …to ………be
true to my knowledge and best of my belief.
3. That the statements made in the rest paragraph are
humble submission before the Honorable Court.
4. That no other Bail petition has been filed by the
accused petitioner on any occasion, & no such bail
petition is pending in any Higher Court.
I, Rana Singha Roy S/O Late Promad Singha Roy, aged
about 58 years, resident of VILLAGE-North
Chakbhawani, PO-Balurghat,PS-Balurghat, DIST-
Dakshin Dinajpur,, by profession-LAWCLERK, do
hereby solemnly affirm that the statements made in
above are true to my knowledge & best of my belief.

DEPONENT.

Lawyer:-Abhik Sinha.
Mobile No-7718329734/9475226780. (Whatsapp)
Email id: lalabhik2@gmail.com.
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