Rahul Dutta v. State Of West Bengal

04.04.2022 10 & 11 Ct. No. 29 KAUSHIK C.R.M.(A) 1518 of 2022 With C.R.M.(A) 1521 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 154 of 2022 dated 18.03.2022 under Sections 498A/325/34 of the Indian Penal Code, 1860.

And In Re : Rahul Dutta & Ors.

...... petitioners Mr. Kushal Kumar Mukherjee ....for the petitioners Mr. Debabrata Mondal Mr. Dhananjoy Banerjee Ms. Sreetama Neogi ....for the de-facto in both the applications Ms. Zareen N. Khan Mr. Ashok Das ....for the State in CRM(A) 1518 of 2022 Mr. Bidyut Kumar Roy Ms. Sima Biswas ....for the State in CRM(A) 1521 of 2022 Two applications for anticipatory bail are taken up for consideration analogously emanating out of the same police case.

CRM (A) 1518 of 2011 is at the instance of the husband. Considering the injury report of the victim and considering the statement recorded under Section 161 of the

Code of Criminal Procedure and considering the gravity of the offence and the involvement of the husband therein, we are unable to grant anticipatory bail to the husband. Therefore, prayer for anticipatory bail being CRM (A) 1518 of 2022 is, therefore, rejected.

CRM (A) 1521 of 2022 is at the instance of the parents-inlaw and the married sister-in-law. Considering the gravity of the offence and the involvement of the petitioners therein, 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/- 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. 1 (Kisor Datta alias Kishor Dutta) and 2 (Pradip Roy) shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 3 (Munmun Ray) shall cooperate with the Investigating Officer till the conclusion of 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.

This application for anticipatory bail being CRM (A) 1521 of 2011 is, thus, allowed.

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