Samar Roy v. State Of West Bengal

20.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 293 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Salanpur Police Station Case No. 259 of 2022 dated 01.12.2022 under Sections 498A/323/325/307/313/406/ 506/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

And In Re : Samar Roy ...... petitioners Mr. Apurba Kumar Dutta ....for the petitioners Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ....for the State The husband was enlarged on anticipatory bail by the jurisdictional Court.

The medical documents relating to abortion requires evaluation at the trial.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 shall meet the Investigating Officer once a month till

the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)