Calcutta High CourtCRM (A)/394/2022allowed

Gaurhari Jana v. State Of West Bengal

2022-01-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

28.01.2022 Serial no.39 Aloke (Through Video Conference) Ct. No. 29 CRM (A) 394 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.01.2022 in connection with Pingla Police Station Case No. 350 of 2020 dated 06.11.2020 under Sections 498A/354B/307/379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Gaurhari Jana ... ...Petitioner Mr. Suman Das Adhikary, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, ld. APP Ms. Manisha Sharma, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police complaint is a result of disputes between the father and his son. The son instigated his wife to file a complaint inter alia under Section 498A IPC against her father-in-law and mother-in-law. He submits that mother-in-law was granted anticipatory bail by the jurisdictional Court. Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Code of Criminal Procedure of the victim lady. Considering the materials in the case diary and considering the fact that the contention of existing disputes between the father and his son and that such disputes giving rise to the present police complaint cannot be ruled out its entirety at this stage and considering the fact that police filed charge-sheet, we are inclined to 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/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 the petitioner shall appear before the Court below and pray for regular bail within

four weeks from date and on further condition that the petitioner shall appear before the Court below on every date fixed for hearing. The prayer for anticipatory bail is allowed.

CRM (A) 394 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)