Himadri Das And ORS. v. State Of West Bengal And ANR
19.03.2024 Serial no. 11 Anticipatory Bail [Allowed] Dd CRM (A) 929 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 67 of 2024 dated 02.02.2024 under Sections 498A/323/307/354/376/511/506/34 of the Indian Penal Code, 1860 and under Sections 3/4 Dowry Prohibition Act pending before Learned Chief Judicial Magistrate, Paschim Medinipur.
-AndIn the matter of : Himadri Das & Ors.
... ... Petitioners Mr. Pravas Bhattacharyya, Advocate ... ... For the Petitioners Mr. Dipankar Mahata, Advocate ... ...For the State Mr. Pradip Paul Mr. Gourab Ghosh, Ms. Renesa Dey, Advocates ... ...For the de facto complainant Petitioners pray for anticipatory bail.
Learned advocate appearing for the petitioners submits that, the entire disputes relates to the demand for a sum of Rs.25 lakhs which the petitioners failed to pay to the de facto complainant. He highlights the delay in the lodgment of the first information report.
Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the de facto complainant recorded under Section 164 of the Cr.P.C.
Signed By :
DEBABRATA DAS High Court of Calcutta 19 th of March 2024 04:34:25 PM
Learned advocate appearing for the de facto complainant submits that, the de facto complainant was regularly tortured by the husband and her in-laws. We perused the materials in the case diary.
Apart from a certificate from a person claiming to be a doctor there is no other document, corroborating the fact that de facto complainant suffered any injuries in any incident of assault.
Materials in the case dairy suggest that there were matrimonial disputes between the de facto complainant and her husband. Mediation in order to settle matrimonial disputes was held. Apparently, money to be paid was also discussed in such mediation.
Materials in the case diary do not suggest requirement of custodial interrogation of the petitioners. There is also an issue of delay in the lodgment of the first information report. In such circumstances, 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/- (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. 1, 2 and 4 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 3 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date 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.
Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 929 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)