Gobinda Swarnakar And ORS. v. State Of West Bengal

30.03.2022 Serial no. 24 [Dd] (Anticipatory Bail Partly Allowed) CRM(A) 1464 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 41 of 2022 dated 15.03.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Gobinda Swarnakar & Ors. ... ... Petitioners Mr. Asraf Mondal, Advocate ... ... For the Petitioners Mr. Tanmay Kr. Ghosh, Ms. Sonali Bhar, Advocates ... ...For the State CRM(A) 1464 of 2022 is dismissed as not pressed so far as the petitioner no. 1, Gobinda Swarnakar is concerned as he was arrested during the pendency of the petition.

Learned advocate appearing for the State submits that the petitioner no. 4 is the wife of a person who committed suicide within one month of marriage. He refers to the materials in the case diary implicating the petitioner no. 4. Considering the gravity of the offence and the involvement of the petitioners therein, we are not inclined to grant anticipatory bail to petitioner no. 4, Tanushree Swarnakar. However, we are inclined to grant anticipatory bail to the petitioner nos. 2, Rupali Swarnakar, petitioner no. 3, Biswajit Swarnakar and petitioner no. 5, Manoranjan Mondal.

Accordingly, we direct that in the event of arrest the petitioner nos. 2, 3, and 5 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 be 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 nos. 3 and 5 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further condition that the petitioner no. 2, 3 and 5 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 no. 2, 3 and 5 in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is partly allowed.

CRM(A) 1464 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)