Paresh Sarkar And ANR v. State Of West Bengal

12.04.2023 Serial no. 19 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1547 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 54 of 2023 dated 27.01.2023 under Sections 498(A)/326/307/34 of the Indian Penal Code. -AndIn the matter of : Paresh Sarkar & Anr.

... ... Petitioners Mr. Sagar Saha, Ms. Roma Roy, Advocates ... ... For the Petitioners Ms. Sutapa Banerjee, Advocate ... ...For the State Apparently, an incident of assault took place on the de facto complainant.

Statements of neighbours narrate that there used to be an incident of assault on the de facto complainant. Apparently, such statements do not contain allegations with regard to dowry demand or torture or harassment on the de facto complainant.

Husband was enlarged on bail by the jurisdictional Court.

In such circumstances, we grant anticipatory bail to the petitioners who are the in-laws of the de facto complainant. 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 no. 1 shall report before the Investigating Officer once in a fortnight 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) 1547 of 2023 is disposed of.

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