Calcutta High CourtCRM/1936/2021allowed

Nikhil Kumar Tarafdar @ Nikhil Tarafdar And ANR v. State Of West Bengal

2021-07-30Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

30.07.2021 Item no.32.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 1936 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 18.02.2021 in connection with Chopra Police Station Case No.805 of 2020 Dated 28.11.2020 under Section 498A/304B/34 of the Indian Penal Code And In the matter of : Nikhil Kumar Tarafdar @ Nikhil Tarafdar & Anr.

......Petitioners.

Mr. Kaushik Choudhury, Ms. Busra Khatoon ......for the Petitioners.

Mr. S. G. Mukherjee, Ld. APP Mr. Partha Pratim Das, Ms. Manasi Roy ......for the State.

The charge is under Sections 498A/304B/34 of the Indian Penal Code. The petitioners are the parents in law of the deceased lady. We are told that the deceased lady was the 2nd wife and the husband has been granted bail by the learned Court below.

It would appear from the material on record that there might have been marital discord between the victim and her husband, which prompted the victim to commit suicide. Charge sheet has also been submitted.

Having considered the material on record and the overall facts and circumstances of the case, we are of the view that immediate custodial interrogation of the petitioners may not be necessary so long as they cooperate with the Investigating Officer.

Accordingly, 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, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.1936 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)