Bikash Patra And ORS v. State Of West Bengal

02.02.2022 Serial no.23 Aloke Ct. No. 29 CRM (A) 471 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 28.01.2022 in connection with Rishra Police Station Case No. 13 of 2022 dated 15.01.2022 under Sections 498A/406/34 of the Indian Penal Code.

-AndIn the matter of : Bikash Patra & Ors.

... ...Petitioners Ms. Oindrila Ghosh, Advocate ... ... For the Petitioners Mr. Iqbal Kabir, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the de facto complainant was residing at her paternal house since 2019. The de facto complainant lodged a previous first information report inter alia under Section 498A of the Indian Penal Code.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the neighbour recorded under Section 161 of the Code of Criminal Procedure. Considering the materials in the case diary and considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that the de facto complainant lodged previous complaint inter alia under Section 498A of the Indian Penal Code, we are inclined to 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 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 nos. 1 and 2 will report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 3 and 4 will cooperate with the investigation and on further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed.

CRM (A) 471 of 2022 is disposed of.

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