Abhijit Gorai @ Bappa And Others v. State Of West Bengal

30.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1336 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Andal Police Station Case No. 507 of 2022 dated 29.12.2022 under Sections 498A/302/120B/34 of the Indian Penal Code, 1860 and Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Abhijit Gorai @ Bappa & Ors.

...... petitioners Mr. Monish Sen Ms. Oisani Mukherjee ....for the petitioners Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Aniket Mitra ....for the State The post mortem report of the victim suggests that the death was due to the effects of hanging.

In the column of injury, it was noted that there was an oblique non-çontinuous ligature mark.

The husband was enlarged on bail by the Jurisdictional Court.

The petitioners before us are the in-laws.

Police are yet to conclude the investigations. Considering the nature of death of the victim and the materials in the case diary and considering the fact that the husband was enlarged on bail by the Jurisdictional Court, 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/- 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 no. 1 (Abhijit Gorai @ Bappa) shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner nos. 2 (Tinku Gorai) and 3 (Banalata Gorai) shall cooperate with the Investigating Officer till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)