Somnath Mukherjee & ANR v. State Of West Bengal

Dl.29 09.10.2020 Ct. 23 SK/NB C.R.M. 2759 of 2020 With CRAN 1 of 2020 (Old No.CRAN 4323 of 2020) (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jamuria Police Station Case No.

442/2019 dated 05.12.2019 under Sections 323/324/325/498A/406/506/120B/34 of the Indian Penal Code and Section 3 & 4 of Dowry Prohibitions Act.

And In the matter of : Somnath Mukherjee & Anr.

..... Petitioners Mr. Asraf Mandal .... for the Petitioners Mr. S. S. Imam, Mr. Subrato Roy. ...for the State. The petitioners undertake to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Having considered the materials on record and the injury report and the extent of complicity of the petitioners in the commission of offence, we are inclined to grant anticipatory bail to the petitioner no.2. The prayer for anticipatory bail of the petitioner no.1 is rejected. In the event of arrest, the petitioner no.2 be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) together with two sureties of like amount each, one of whom must be local to the satisfaction of the investigating officer subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

It is also directed that the petitioner no.2 shall cooperate with the investigating officer of the case.

Accordingly, the application for anticipatory bail being CRM 2759 of 2020 is partly allowed.

CRM 2759 of 2020 and CRAN 1 of 2020 (Old No.: CRAN 4323 of 2020 are disposed of.

Parties shall act on a copy of this order downloaded from the website of this Court.

(Soumen Sen, J.) (Saugata Bhattacharyya , J.)