Mimor Gain And ORS v. State Of West Bengal

14.06.2022 cm/ct 28 C.R.M. (A) 2680 of 2022 sl no. 116 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hanskhali P.S case no. 330 of 2022 dated 14.4.2022 under sections 498A/313/307/506/34/34 IPC And Allowed In Re : Mimor Gain & Ors.

...... petitioners Mr. S Ahmed Mr. M Ali Naskar Mr. A Saha ...... for the petitioners Mr. Sujan Chatterjee ...... for the State Petitioners are the in-laws of the victim housewife. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case due to matrimonial discord. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. It appears allegation of administration of medicine leading to miscarriage relates to 2021. No contemporaneous complaint was lodged in that regard. Other allegations are general and omnibus in nature. In view of the aforesaid facts, we are of the opinion custodial interrogation of the petitioners is not necessary but petitioner no. 1 requires to co-operate with investigation in accordance with law. 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.

Petitioners shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2680 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)