Calcutta High CourtCRM/5826/2020disposed

Seikh Intaj Ali & ORS v. State Of West Bengal

2020-09-103 pages

10.09.2020 Item no. 19 Ct.11 BP/CHC Allowed C.R.M. No.5826 of 2020 [C.R.A.N.1 of 2020 (Old No.C.R.A.N.4241 of 2020)] (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No.18 of 2020 dated 22.01.2020 under Sections 498A/306/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

And In the matter of:- Sk Intaj Ali & ors.

... Petitioners Mr. Mazhar Hossain Chowdhury .. for the petitioners Mr. Binoy Panda, Ms. Ratna Ghosh ..for the State Learned advocate for the petitioners submits that petitioners are innocent of charges and the victim committed suicide by consuming poison. According to the learned advocate for the petitioners, petitioner nos. 1 to 3 happen to be the brother-in-law and the petitioner no.4 happens to be the mother-in-law of the deceased.

Learned advocate for the State produces the Case Diary and draws the attention of the Court to the statements of some of the villagers.

We have perused the materials in the Case Diary and considering the fact that the charge-sheet has already been submitted. We are of the considered opinion that the custodial detention of the petitioners are not required further. Accordingly the prayer for anticipatory bail is allowed. Accordingly, 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, one of whom must be local, to the satisfaction of arresting officer and on condition that they shall not tamper with the evidence or intimidate the witnesses. Further, the petitioners shall make themselves available as and when required by the investigating officer of that case.

The aforesaid order of anticipatory bail shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

With these observations, CRM 5826 of 2020 and CRAN 1 of 2020 (Old No. CRAN 4241 of 2020 are disposed of. Learned appropriate Trial Court as well as all concerned authorities shall act in terms of the copy of the order downloaded from the official website of this Court.

(Samapti Chatterjee, J.) (Tirthankar Ghosh, J.)