← Library
Calcutta High CourtCRM/877/2021allowed

Joydeb Debnath And Others v. State Of West Bengal

2021-04-16Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh3 pages

16.04.2021 Item No.248 Ct.No.28 Subha Allowed C.R.M. 877 of 2021 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 Cr.P.C in connection with Pathar Pratima Police Station Case No.

of dated 18-01-2021 under Sections 498A/323/326/34 of the Indian Penal Code.

And In the matter of : Joydeb Debnath & Ors.

.. Petitioners.

Ms. Minoti Gomes ... For the Petitioners.

Ms. Faria Hossain Ms. Sonali Das ... For the State.

Apprehending arrest in connection with in connection Pathar Pratima P. S. Case No. 20 of 2021 dated 18-01-2021 punishable under Sections 498A/323/326/34 of the Indian Penal Code, the present application has been filed.

The petitioner no.1 is the father-in-law, petitioner no.2 is the mother-in-law and the petitioner no. 3 is the elder brother-in-law of the complainant.

Learned advocate for the petitioners submits that the petitioners are falsely implicated in the instant case. Ms. Hossain, learned advocate for the State, however, opposes the prayer for bail.

Considering the materials available in the case diary and the omnibus allegations appearing against the petitioners, we are of the opinion that custodial interrogation of the present petitioners are not necessary. Accordingly, we direct that in the event of arrest the petitioners namely, 1. Joydeb Debnath, 2. Shanti Debnath & 3. Ajoy Debnath shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each to the satisfaction of arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioner nos. 1 and 3 shall meet with the Investigating Officer of the case once a week until further orders.

This application for anticipatory bail is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J. ) ( Soumen Sen, J.)