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Calcutta High CourtCRM/1085/2021allowed

Shibcharan Mondal And ORS v. State Of West Bengal

2021-05-21Hon'Ble Justice Soumen Sen,Hon'Ble Justice Suvra Ghosh1 pages

21.05.2021 tkm/ct 28 C.R.M. 1085 of 2021 sl no. 7 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bhutni P.S case no.152 of 2020 dated 1.12.2020 under sections 498A/304B/34 of the Indian Penal Code And Allowed In Re : Shibcharan Mondal & Ors.

...... petitioners Mr. M Chatterjee Mr. K Shome ...... for the petitioners Mr. S Bapuli Mr. Swapan Banerjee Ms. Purnima Ghosh ...... for the State It is submitted on behalf of the petitioners that they are the father in law, brother in law and married sister in law of the victim and they have been falsely implicated in the instant case. The husband of the victim is in custody.

The State produces the case diary and opposes the prayer for anticipatory bail.

Considering the fact that the husband of the victim is in custody and also considering the extent of complicity of the petitioners in the alleged crime, we are of the opinion that custodial interrogation of the petitioners are not necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners namely Sibcharan Mondal, Saheb Mondal and Saraswati Mondal 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 the Arresting Officer and also 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 while on bail shall meet the investing officer once in a week until further orders.

The application being CRM 1085 of 2021 is disposed of. (Suvra Ghosh, J.) (Soumen Sen, J.)