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Calcutta High CourtCRM/1614/2021allowed

Ajit Khanra And ANR v. State Of West Bengal

2021-07-29Hon'Ble Justice Harish Tandon,Hon'Ble Justice Bibek Chaudhuri2 pages

(Via Video Conference) 29.07.2021 Court No.28 Item No.406 (allowed) CRM 1614 of 2021 Saswata & ab In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Panskura Police Station Case No. 297 of 2020 dated 30.09.2020 under Sections 498A/306/34 of the Indian Penal Code (G.R.Case no. 1785 of 2020); And In the matter of : Ajit Khanra & anr.

...Petitioners

Mr. Amal Krishna Samanta ...For the Petitioners Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ...For the State.

Apprehending arrest in connection with Panskura Police Station Case No. 297 of 2020 under Sections 498A/306/34 of the Indian Penal Code (G.R.Case no. 1785 of 2020), the petitioners have filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

The petitioners are the father-in-law and the mother-in-law of the victim lady who committed suicide within seven months of the solemnization of marriage. The allegation has been made against the petitioners and the husband, concerning torture on the demand of dowry.

In course of hearing, it transpires that the husband of the victim lady had already been enlarged on bail and, therefore, we do not think that custodial interrogation of the petitioners are necessary. The prayer for anticipatory bail is thus allowed. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of `10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer of the concerned police station and on condition that they shall attend the Trial Court on every day of hearing until further orders and on further conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973. In the event, the petitioners fail to do so without any justifiable cause, the Trial Court shall be at liberty to pass an appropriate order in accordance with law without any further reference to this Court. The application for anticipatory bail being CRM 1614 of 2021 is, thus, disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)