Baidyanath Sarkar And ORS v. State Of West Bengal

24.03.2023 Serial no. 17 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1212 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 53 of 2023 dated 10.03.2023 under Sections 498A/306/34 of the IPC. -AndIn the matter of : Baidyanath Sarkar & Ors. ... ... Petitioners Mr. Asraf Mondal, Advocate ... ... For the Petitioners Mr. Saswata Gopal Mukherji, ld. PP Mr. Aniket Mitra, Advocates ... ...For the State The police complaint was lodged 8 years after marriage. The materials in the case diary suggest that husband of the deceased used to provoke the deceased. The allegations are directed against the husband of the deceased primarily. The petitioners before us are the parents-in-law and the brother-in-law of the deceased.

In such circumstances, considering the materials in the case diary and the nature of allegations as against the petitioners, we are inclined to 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 and 3 shall report

before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 2 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) 1212 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)