Calcutta High CourtCRM (A)/1079/2022allowed

Bistu Sk @Saiful Sk And ORS v. State Of West Bengal

2022-03-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

07.03.2022 Serial no. 10 Dd CRM (A) 1079 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 18 of 2022 dated 12.01.2022 under Sections 498A/302/304B/34 of the Indian Penal Code.

-AndIn the matter of : Bistu Sk @ Saiful Sk & Ors. ... Petitioners Mr. Sandip Chakraborty, Mr. Kaustav Das, Advocate ... ... For the Petitioners Mr. S. S. Imam, Sk. Arif Hossain, Advocates ... ...For the State Photocopy of the postmortem report as handed over to the Court is kept on record.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The husband is in custody.

Learned advocate appearing for the State draws the attention of the Court to the postmortem report. Considering the postmortem report which says that the death is due to hanging ante-mortem in nature and considering the injury mark of non-continuous ligature mark in the postmortem and considering the fact that husband is still in custody, 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 petitioner no. 1 shall meet the Investigating Officer once in a fortnight till completion of investigation and petitioner nos. 2 and 3 shall cooperate with the investigation till its completion.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1079 of 2022 is disposed of.

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