Soma Banerjee@Bandyopadhyay And ANR v. State Of West Bengal

15.06.2022 tkm/ct 28 C.R.M. (A) 2728 of 2022 sl no. 163 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Garhbeta P.S case no. 119 of 2022 dated 13.3.2022 under sections 498A/326/307/34 IPC and 3/4 of the DP Act adding section 306 IPC And Allowed In Re : Soma Banerjee @ Bandhopadhyay @ Moni & Anr. ...... petitioners Mr. S Das Mahapatra Mr. K Ganguly Md. A Rakib ...... for the petitioners Mr. Soumik Ganguly ...... for the State Having considered materials on record and bearing in mind the general and omnibus nature of allegation levelled against the petitioners who are the in laws of the victim housewife and did not ordinarily reside with the victim at her matrimonial home and as incident occurred 14 years after marriage and statutory presumptions under section 113A and 113B of the Evidence Act are not attracted in the facts of the case, we are inclined 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/- 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) 2728 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)