Mala Sarkar And ANR. v. State Of West Bengal
22.01.2024 Item No.32 Ct. No. 29 CHC Allowed C.R.M.(A) 159 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 1177 of 2023 dated 19.10.2023 under Sections 498(A)/307/406/34 of the Indian Penal Code. And In the matter of : Mala Sarkar & anr.
...... petitioners Ms. Minoti Gomes, Ms. Dona Sanyal ....for the petitioners Mr. Saryati Datta ....for the State Petitioners pray for anticipatory bail.
Apparently, the de facto complainant consumed sleeping pill. Husband of the de facto complainant was arrested and granted bail by this Hon'ble Court.
Petitioners before us are the in-laws of the de facto complainant.
In such circumstances, we grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.1, namely, Mala Sarkar and petitioner no.2, namely, Rina Sarkar will cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 159 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)