Calcutta High CourtCRM (A)/1270/2022allowed

Laxmi Mondal @ Biswas And ORS v. State Of West Bengal

2022-03-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (A) 1270 of 2022 16.03.2022 Sl. 31 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.03.2022 in connection with Dhantala P. S. Case No. 90 of 2022 dated 24.02.2022 under Sections 306/34 of the Indian Penal Code. And In the matter of: Laxmi Mondal @ Biswas & Ors. ....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Ms. Faria Hossain Ms. Sonali Das ...for the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the husband committed suicide after three days he returned from the matrimonial home. The petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the Post Mortem Report and the statement recorded under Section 164 of the Code of Criminal Procedure. Considering the claim of the petitioners that they were not present at the locale where the incident of death occurred and considering the Post Mortem Report and considering the fact that the victim died at this own house, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner nos. 2 and 3 will report before the Investigating Officer once in a month till the conclusion of the investigation and

petitioner no. 1 will co-operate with the investigation and on condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1270 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)