Sujan Das v. State Of West Bengal And ORS.

23.09.2021 CRM 2852 of 2021 Court No.28 Item No.180 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Balurghat Women Police Station Case No. 57 of 2020 dated 28.11.2020 under Sections 198A/307/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act (G.R.Case No. 1160 of 2020);

Saswata And In the matter of : Sujan Das

...Petitioner

Mr. Kaushik Choudhury Ms. Bursa Khatun ...For the Petitioner Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ...For the State.

Apprehending arrest in connection with Balurghat Women Police Station Case No. 57 of 2020 under Sections 198A/307/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act, the petitioner has filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

This is an application at the behest of the husband of the complainant apprehending arrest in connection with the aforementioned case. After perusal of the statements of the complainant/wife recorded under Section 161 of the Code of Criminal Procedure, we do not find any material, justifying the custodial interrogation of the petitioner. The prayer for anticipatory bail of the petitioner is allowed. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of `10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and the petitioner shall meet the Investigating Officer as and when called for and shall cooperate with the investigation process without intimidating witness or tampering the

documents and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail being CRM 2852 of 2021 is, thus, disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)