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Calcutta High CourtCRM/2051/2021allowed

Rimpa Biswas@Rima v. State Of West Bengal

2021-06-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

10.06.2021 Court No.28 SL No.22 PJ/KC CRM 2051 of 2021 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah P.S. Case No. 93/2021 dated 7.2.2021 under Sections 306/34 of the Indian Penal Code;

And In the matter of: Rimpa Biswas @ Rima & anr.

....Petitioners.

Mr. Mrinal Kanti Mukherjee, ...for the Petitioners.

Mr. P.K. Dutta, Mr. Santanu Deb Roy, ...for the State.

This application for anticipatory bail has been filed apprehending arrest in connection with Bagdah P.S. Case No. 93/2021 dated 7.2.2021 under Sections 306/34 of the Indian Penal Code. Protection is sought for on the ground that the victim committed suicide principally on the ground that her parents have refused to accept a marriage proposal jointly made by the victim and the petitioner.

In view of the above and having considered the records as well as the submissions made on behalf of the parties, this Court is inclined to allow the application under Sections 438 Cr.P.C. Accordingly, in the event of arrest the petitioners shall be released on bail subject to satisfaction of conditions under Section 438(2) of Cr.P.C., 1973 and upon furnishing a bond of Rs.10,000/- each (Rupees Ten Thousand Only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the IO, subject to condition that the petitioners shall appear before the trial Court on every date of

hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioners shall not enter the jurisdiction of the PS except for the purposes of investigation and attending Court proceedings and shall provide the addresses where they will reside while on bail to the Investigating Officer as well as the Court below and shall report to the Officer-in-Charge of the concerned Police Station within whose jurisdiction they will reside once in a week until further orders. The petitioners shall surrender their passports to the IO and if they do not possess passports shall submit affidavits to that effect before the IO.

In the event the petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Biswajit Basu, J.) (Rajasekhar Mantha, J.)