Sushama Maity And ANR v. State Of West Bengal

02.02.2023 Serial no. 05 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 402 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 0606 dated 11.09.2022 under Sections 498A/304B/120B/34 of the Indian Penal Code. (subsequently charge sheet submitted under Sections 498A/304B/120B/34 of the IPC & Section 4 of the Dowry Prohibition Act.(G.R case No. 2696/2022) -AndIn the matter of : Sushama Maity & Anr.

... ... Petitioners Mr. Ayan Basu, Mr. Sourov Bera, Mr. Sumit Routh, Advocates ... ... For the Petitioners Mr. Imran Ali, Ms. Debjani Sahu, Advocate ... ...For the State Police filed charge sheet.

Husband and the father-in-law were granted bail by the co-ordinate Bench, inter alia, on the finding that it is unclear from the postmortem report as to how the victim died. Moreover, there was a delay in lodgment of the first information report.

In such circumstances, 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 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 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 402 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)