Calcutta High CourtCRM/2570/2021allowed

Sanjoy Mandal And ORS v. State Of West Bengal

2021-08-18Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

36.

18.08.2021 Ct.32 Tanmoy Allowed C.R.M. 2570 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01/03/2021 in connection with Bhutni Police Station Case No. 02/2021 dated 03/01/2021 under Sections 498A/304B/34 of the Indian Penal Code.

And In the matter of: - Sanjoy Mandal & Ors.

....petitioners.

Mr. Arup Kumar Bhowmick ...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Ms. Faria Hossain, Mr. Aniket Mitra ...for the State.

The petitioners are the brother-in-law and the parents-inlaw of the victim lady who, we are told, killed herself by consuming poison within six months of her marriage. We have seen the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure. The allegations against the present petitioners are of general nature. The husband was apprehended and was granted statutory bail by the learned Court below.

We have assessed the overall facts and circumstances of the case and the extent of possible complicity of the petitioners in the alleged offence. Although, charge-sheet has not yet been submitted, we are of the view that immediate custodial interrogation of the petitioners may not be necessary so long as they co-operate with the Investigating Officer.

Accordingly, 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, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application being C.R.M.

of is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)