Pijush Mondal v. State Of West Bengal

27.06.2022 Serial no. 05 [Dd] (Anticipatory bail) Allowed) CRM (A) 2497 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sinthi Police Station Case No. 19 of 2022 dated 07.03.2022 under Sections 498A/406/34 of the Indian Penal Code and 3/4 Dowry Prohibition Act.

-AndIn the matter of : Pijush Mondal ... ... Petitioner Mr. Sandip Chakraborty, Mr. Kaustav Das, Advocates ... ... For the Petitioner Mr. S.G. Mukherjee, ld. PP Ms. Faria Hossain, Mr. Anand Keshri, Advocates ... ...For the State Mr. Sardar Amjad Ali, Ms. Sucharita Ray, Advocates .. ...For the de facto complainant The petition is taken up for consideration subsequent to order dated June 9, 2022. Report as called for by such order filed in Court be taken on record.

It appears from such report that the almirah at the locale was opened in the presence of the de facts complainant and the police personnel. Whatever stridhan were found there were seized.

It is claimed by the de fact complainant that educational testimonials of her as well as her daughter along with her jewellery which constitute the stridhan, are yet to be made over to the de facto complainant.

Apparently, there are two previous police complaints lodged in the year 2019 at the behest of the family of the petitioner claiming that the de facto complainant left the matrimonial house then.

All the stridhan, as claimed by the de facto complainant, are yet to be recovered.

It is claimed by the petitioner that the de facto complainant is in possession of the stridhan articles. Considering the gravity of the offences, nature of the allegations and the past history to the litigation, 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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 2497 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)