Tarun Guchait And ORS v. State Of West Bengal

95.

08.11.2021 Ct.32 Tanmoy Allowed C.R.M. 4267 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21/06/2021 in connection with Keshpur Police Station Case No. 113 of 2021 dated 20/04/2021 under Sections 498A/323/307/406/506 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And In the matter of: - Tarun Guchait & Ors.

...petitioners.

Mr. Asraf Mandal ...for the petitioners.

Mr. Imran Ali, Mr. M.F.A. Begg ...for the State.

The petitioner no.1 is the husband of the victim lady. The petitioner nos. 2 and 3 are the parents-in-law and the other petitioners are members of the victim's husband's family. The allegation is that within a few weeks of marriage, the petitioner no.1 and his family members started torturing the victim lady. The victim lady had to leave the matrimonial home. We have seen the statement of the victim lady. She says that she never got herself treated in hospital for any alleged injury. There is also no injury report in the Case Diary. Investigation is in progress and the petitioners say that they shall co-operate fully with the Investigating Officer. On an overall assessment of the material in the Case Diary and the possible extent of complicity of the petitioners in the alleged offence, we are of the view that immediate custodial

interrogation of the petitioners is not necessary so long as they co-operate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners, viz., 1. Tarun Guchait, 2. Krittibas Guchait, 3. Sandhya Rani Guchait, 4. Panchugopal Guchait, 5. Monalishs @ Pue Guchait, 6. Shrimanta Jana, 7. Manu Jana @ Anima Jana, 8. Gurupada Maity, 9. Ranu Maity @ Asima Maity shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 4267 of 2021 is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)