Lakshman Khamari @ Khamrui & ANR v. State Of West Bengal

18.09.2020 SL No. 34 Sdas allowed CRM 5462 of 2020 with CRAN 1 of 2020(Old No. CRAN 3788 of 2020) (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pingla Police Station Case No. 179 dated 17.06.2020 under Sections 498A/306/176/201/120B of the Indian Penal Code.

In the matter of: Lakshman Khamari @ Khamrui & Anr. ....Petitioners.

Mr. Navanil De ...for the Petitioners.

Mr. Binay Panda Mr. Subham Kanti Bhakat ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. The application bearing C.R.A.N. 1 of 2020 (Old No. CRAN 3788 of 2020) is disposed of.

Learned Counsel appearing for the petitioners submit that they are neighbours of the victim housewife. They did not play any role in the matrimonial life of the victim. They have been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioners assisted the matrimonial relation of the victim to cremate her body before registration of F.I.R. She suffered unnatural death within one year of marriage. Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the light of the submission

that they did not play any role in the matrimonial life of the victim and they are not related to the husband of the victim in any manner whatsoever, we are of the opinion that custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioners 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. The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)