Nunibala Kumar v. State Of West Bengal

13.12.2021 Serial no. 47 Dd (Through Video Conference) CRM 4341 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arsha Police Station Case No. 50 of 2020 dated 4.08.2020 under Sections 498A/304B of the Indian Penal Code.

-AndIn the matter of : Nunibala Kumar ... Petitioner Mr. A. Bhattacharya, Advocate ... ... For the Petitioner Mr. S. G. Mukherjee, Ld. PP Ms. Faria Hossain, Mr. Aniket Mitra, Advocates ... ...For the State Petitioner is the mother-in-law of the deceased house wife. It is submitted dowry demand was made for the business of the husband who is on regular bail. Investigation is completed.

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

We have considered the materials on record. The allegations of torture are general and omnibus. Demand for money was for commencing business of the husband of the deceased who is presently on regular bail.

Keeping in view the extent of complicity of the petitioner in the alleged crime and as investigation are compete, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)