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Calcutta High CourtCRM/2092/2021allowed

Santinath Patra And ORS v. State Of West Bengal

2021-08-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

38.

04-08-2021 (ct. no.32) Sayandeep Allowed (Via Video Conference) CRM 2092 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pandua Police Station Case No. 389 of 2020 dated 03.12.2020 under Sections 498A/323/341/343/506 of the Indian Penal Code.

- A n d - In the matter of : Santinath Patra & Ors.

.... Petitioners.

.

Mr. Sudipta Kumar Das ... For the Petitioners.

Mr. P.K. Dutta, Ld. APP Mr. Subrata Roy ... For the State.

The petitioners are the parent-in-law, brother-in-law and sisters-in-law of the defacto complainant. It is submitted that the sisters-in-law (petitioner Nos. 4 and 5) reside separately from the defacto complainant and other members of her matrimonial family.

The State produces the case diary and refers to a letter written by the defacto complainant to the Officer-inCharge, Pandua Police Station, Hooghly wherein she has stated that she has no allegation against the members of her matrimonial family which include the petitioners. Having considered the material on record, we are of the view that allegations against the petitioners is general and omnibus in nature and such allegations do not justify

immediate custodial interrogation of the petitioners. Chargesheet has been submitted. Accordingly we are inclined to allow the prayer for anticipatory bail of the petitioners.

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. The application of anticipatory bail being CRM 2092 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )