Debi Mondal And ORS. v. State Of West Bengal

CRM No.5165 of 2021 Via video conference 07.12.21 (S.R.) Sl.187 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Taherpur Police Station Case No.179 of 2021 dated 20/07/2021 under Sections 498A/304B/34 of the Indian Penal Code;

Ct.32 And In re: Smt. Debi Mondal & Ors.

... petitioners.

Mr. Arnab Chatterjee ... for the petitioners.

Mr. S.G. Mukherjee, PP Ms. Faria Hossain Mr. Aniket Mitra ...for the State.

Mr. Chatterjee, learned advocate appearing for the petitioners submits that the petitioner no.1 and the petitioner no.2 are the motherin-law and brother-in-law of the victim lady. The petitioner nos.3 and 4 are the aunt-in-law and married sister-in-law of the victim lady who did not share the same mess. They have been falsely implicated in an incident which occurred about 3 years after the marriage. The allegations are omnibus in nature. The victim lady committed suicide. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation is not necessary. Mr. Mitra, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary including the statements of the witnesses and the postmortem report.

investigation charge sheet has been submitted. Accordingly, we direct that in the event of arrest the petitioners, namely, 1. Smt. Debi Mondal, 2. Parimal Mondal, 3. Jasho Mondal @ Jashoda Biswas and 4. Dipika Mondal @ Biswas will be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, 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. It is further directed that the petitioners shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and shall attend the learned trial court on all the dates specified for hearing. It is made clear that in the event the petitioners fail to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel their bail without any further reference to this Court.

The application for anticipatory bail being CRM No.5165 of 2021 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)