Mousumi Patra And ANR. v. State Of West Bengal

28.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1885 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 14 of 2022 dated 06.01.2022 under Sections 498A/304B/34 of the Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act. And In Re : Mousumi Patra & Anr.

...... petitioners Mr. Mrityunjoy Chatterjee Mr. Kaushik Dey ....for the petitioners Mr. Joydeep Roy Ms. Sujata Das ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband and the father-in-law were enlarged on bail by this Hon'ble Court. The victim committed suicide at the paternal home. The police filed charge-sheet and, therefore, custodial interrogation of the petitioners are not required. Learned advocate appearing for the State refers to the materials in the case diary and suicide note of the victim. Considering the fact that the husband and the father-inlaw were enlarged on bail and considering the fact that the police filed charge-sheet and considering the post mortem

report of the victim and considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, 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 condition that the petitioners shall appear every day 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.) (Bibhas Ranjan De, J.)