Calcutta High CourtCRM (A)/737/2022allowed

Bijoy @ Bejoy Maity And ANR v. State Of West Bengal

2022-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (A) 737 of 2022 21.03.2022 Sl. 88 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.02.2022 in connection with Egra P.S. Case No. 146 of 2021 dated 11.03.2021 under Sections 498A/304B/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act. And In the matter of: Bijoy @ Bejoy Maity & Anr.

....petitioners.

Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ...for the petitioners.

Mr. S. S. Imam Mr. R. Jana ...for the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that they are the in-laws of the victim and they reside separately. The police filed charge-sheet and, therefore, further detention of the petitioners are not required.

Learned advocate appearing for the State submits that other co-accused were taken into custody and were granted bail after three months.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that the police filed charge-sheet, we 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 condition that the petitioners shall appear every day 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.

Consequently, we grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 737 of 2022 is, thus disposed of.

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