Mritunjay Bera @ Mrityunjay Bera & ORS v. State Of West Bengal

04.09.2020 SL No. 62 ss CRM 6290 of 2020 With CRAN 1 of 2020 (OLD CRAN 4810 of 2020) (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mohanpur P.S. Case No.42 of 2020 dated 15.03.2020 under sections 498A/302/304B/34 of the Indian Penal Code.

And In the matter of: Mritunjay Bera @ Mrityunjay Bera & Ors. Mr. Subash Jana ... ... for the Petitioners.

Mr. Swapan Banerjee Ms. Sima Biswas ... ... 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. Having considered the materials on record prima facie disclosing involvement of the petitioner nos. 1 and 2 who are parents-in-law torturing and demanding dowry from the victim housewife within five years of marriage, we are of the opinion this is not a fit case to grant anticipatory bail to them.

However, keeping in mind the extent of complicity of the petitioner no. 3, married sister-in-law of the victim housewife in the alleged crime, we are of the opinion she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner namely, Smt. Mita Bera be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Accordingly, application for anticipatory bail being CRM 6290 of 2020 is disposed of.

The application being CRAN 1 of 2020 (Old CRM 4810 of 2020) is disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)