Mahatab Sk & ANR v. State Of West Bengal

18.09.2020 Sl. No.44 akd [ALLOWED] C. R. M. 6141 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.08.2020 in connection with Sagardighi Police Station Case No. 172 of 2020 dated 06.04.2020 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.563 of 2020) And In Re: Mahatab Sk. & Anr.

... ... Petitioners Ms. Sonali Das .. Advocate ... ... for the petitioners Mr. Tanmoy Kr. Ghosh .. Advocate Mr. Arindam Sen .. Advocate ... ... for the State It is submitted on behalf of the petitioners that they are the parents-in-law of the victim-housewife and have been falsely implicated in the instant case. It is further submitted that the victim-housewife committed suicide at her parental home.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the alleged crime in the light of the submission that the victim committed suicide at her parental home, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Mahatab Sk. & (2) Nasima Bibi 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.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)