Dhiren Barman And ANR v. State Of West Bengal

04.03.2022 Serial no. 11 Dd CRM (A) 1070 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 869 of 2021 dated 03.10.2021 under Sections 498A,304B, 306 and 34 of the Indian Penal Code, corresponding to G.R. Case No. 2401 of 2021.

-AndIn the matter of : Dhiren Barman & Anr. ... Petitioners Mr. Kushal Paul, Advocate ... ... For the Petitioners Mr. Narayan Prasad Agarwala, Mr. Saryati Dutta, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The husband of the deceased was taken into custody and was granted statutory bail.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code and to the postmortem report.

In the injury column of the postmortem presence of one non-continuous ligature mark placed high up around the neck was recorded. The cause of death was recorded as due to fact of hanging, anti-mortem in nature.

Considering the postmortem report and considering the fact that husband was granted statutory bail by the jurisdictional Court and considering the gravity of the offence

and the involvement of the petitioners therein, 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 before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioners shall meet the Investigating Officer once in a fortnight till completion of investigation. Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1070 of 2022 is disposed of.

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