Jayanti Halder And ORS v. State Of West Bengal

18.02.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 831 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangnapur Police Station Case No. 160 of 2021 dated 15.08.2021 under Sections 498A/304B/34 of the Indian Penal Code, 1860.

And In Re : Jayanti Halder & Ors.

...... petitioners Mr. Prabir Majumdar ....for the petitioners Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband of the de facto complainant is still in custody. The father-in-law was granted bail by this Hon'ble Court. The petitioners were falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement of the father of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein and considering the fact that the father-in-law of the victim was

granted bail by this Hon'ble Court and that the husband of the de facto complainant is still in custody 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/- 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 condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)