Parimal Samajpati And ORS v. State Of West Bengal

14.01.2021 Court No.28 rpan / 138 C.R.M. 152 of 2021 (Via Video Conference) In Re : Parimal Samajpati & Others

...Petitioners

Mr. Asraf Mandal ....for the petitioners.

Mr. Anowar Hossain, Ms. Ratna Ghosh ....for the State.

Apprehending arrest in connection with Tehatta P. S. Case No. 557 of 2020 dated 18.12.2020 under Sections 498A/324/326/307/354/506/34 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that the petitioner no.1 is the husband of the de facto complainant and the petitioner nos.2-6 are the other in-laws. The marriage was solemnized 5 years ago and alleging that there had been disputes since such marriage, the complaint has been lodged on 8th December, 2019. About 10 months prior to the alleged incident, the de facto complainant left the matrimonial house. The petitioners have been falsely implicated in the proceedings and there is no necessity for custodial detention.

The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, particularly the injury report, we

are of the opinion that custodial detention of the petitioners is necessary.

Accordingly, in the event of arrest the petitioners, viz., 1. Parimal Samajpati, 2. Prabitra Samajpati, 3. Namita Samajpati,

4. Nirmal Samajpati, 5. Rinku Samajpati and 6. Mahananda Samajpati, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that petitioner nos.1 and 6 shall meet with the Investigating Officer once a week on and from 21.01 2021, until further orders.

The application for anticipatory bail, being CRM 152 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)