Munsur Ali And ANR v. State Of West Bengal

20.09.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 4179 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Islampur Police Station Case No. 49 of 2021 dated 16.02.2021 under Sections 498A/304B/302/34 of the Indian Penal Code, 1860 read with Section 3/ 4 of the Dowry Prohibition Act. And In Re : Munsur Ali & Anr. ...... petitioners Mr. Mrityunjay Chatterjee Md. G. N. Imrohi .....for the petitioners Mr. S. S. Imam Mr. Subrata Roy ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that, they were not residing with the deceased at her matrimonial house. He submits that, since the police submitted charge-sheet, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure.

Considering the fact that the husband of the deceased was granted bail and considering the fact that the police

submitted charge-sheet, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 conditions that the petitioners shall meet the investigating officer once in a week until further orders and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)