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Calcutta High CourtCRM/5084/2021disposed

Bidyasagar Mal@Bidyut Mal And Nar v. State Of West Bengal

2021-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

C.R.M. 5084 of 2021 Court No.

Item 31 ssi In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murarai Police Station case no. 33 of 2021 dated 19.03.2021 under Sections 498A/304 B/302/34 of the Indian Penal Code.

16.12.

In Re: Bidyasagar Mal @ Bidyut Mal & anr.

....petitioners Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ....for the petitioners Mr. Prasun Kumar Dutta, Ld. APP Mr. Subrato Roy ...for the State The petitioners are the parents in law of the victimhousewife. They have been falsely implicated in the instant case.

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

We have considered the materials on record including statements of witnesses who speak of an oral dying declaration which implicates the husband alone. In view of the extent of complicity of the petitioners in the alleged crime, we are inclined to grant anticipatory bail to them.

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 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973 and shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)