Washim Mondal v. State Of West Bengal

C.R.M. (A) 2703 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 280 of 2022 dated 14.04.2022 under Sections 498A/323/307/506/34 of the Indian Penal Code. And In the matter of: Sukhchand Biswas @ Sukh Biswas & Ors. ....petitioners.

Mr. Asraf Mandal ...for the petitioners.

Ms. Kum Kum Mitra ...for the State.

Leave is granted to the learned Advocate-on-record of the 23.06.2022 Sl. 5 Court No.29 (AD) (Allowed) petitioners to correct the cause-title.

The application is taken up for consideration subsequent to the order dated June 15, 2022.

In view of the subsequent statement recorded under Section 164 of the Code of Criminal Procedure and in view of the claim of the petitioners that the de facto complaint and the petitioner no.1 are now residing as husband and wife peacefully, it would be appropriate 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/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer as and when called for till the conclusion of the investigation and on

condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 2703 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)