Mosidul Sk @ Masidul And ORS v. State Of West Bengal
C.R.M. (A) 1398 of 2022 (AD) 28.03.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi P.S. Case No.84 of 2022 dated 15/02/2022 under Sections 498A/304B/306/34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.
And Court No.29 (Partly Allowed) In the matter of: Mosidul Sk. @ Masidul & Ors. ....petitioners.
Mr. Manas Kumar Das ...for the petitioners.
Ms. Anasuya Sinha Ms. Jonaki Saha ...for the State.
Petitioners seek anticipatory bail.
Considering the gravity of the offence and the involvement of the petitioners therein, we are unable to enlarge the petitioner no.1 on anticipatory bail.
Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely, Mosidul Sk. @ Masidul, is rejected. However, so far as the petitioner nos.2 and 3, namely, Asadul Sk. and Piyarnnesa Bibi @ Piyarun Bibi, are concerned, we grant anticipatory bail to them.
Accordingly, we direct that in the event of arrest, the petitioner nos.2 and 3 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.2 will report before the Investigating Officer once a fortnight till the conclusion of the
investigation and petitioner no.3 will cooperate with the investigation and on condition that the petitioner nos. 2 and 3 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 petitioner nos.2 and 3 in Court including cancelling the anticipatory bail granted without further reference to this Court.
The prayer for anticipatory bail of the petitioner nos.2 and 3 is allowed.
C.R.M. (A) 1398 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)