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Calcutta High CourtCRM/6374/2020allowed

Bhagirath Garati v. State Of West Bengal

2020-09-10Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

Serial no.17.

September 10, 2020.

SG CRM 6374 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Bolpur Police Station Case No.202 dated 19.08.2020 under Sections 498A/342/307/406/ 34 of the Indian Penal Code.

In the matter of: Bhagirath Garai and ors ...petitioners.

Mr Saryati Datta ... for the petitioners.

Mr Arijit Ganguly Mr Sanjib Kumar Dan ... for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioners are the husband and the close relatives of the husband. The petitioners say that though charges of demand for dowry have been made, there is no material to suggest that the petitioners or any of them attempted to kill the complainant.

The State says that though there is an allegation in the complaint that the petitioners attempted to murder the complainant, there is no report of any injury or the like. Considering the complaint, the custodial interrogation of the petitioners may not be necessary. However, the petitioners will report to the investigating officer as and when called, till the investigation is completed.

In the event of arrest, the petitioners are directed to 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 the arresting officer. The petitioners will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6374 of 2020 is disposed of.

Certified website copies of this order be immediately made available to the parties, subject to the compliance with all requisite formalities.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )