Calcutta High CourtCRM (A)/2962/2022allowed

Pratap Das And ANR. v. State Of West Bengal

2022-06-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

29.06.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2962 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dasnagar Police Station Case No. 50 of 2022 dated 02.05.2022 under Sections 498A/304B/306/406/34 of the Indian Penal Code, 1860.

And In Re : Pratap Das & Anr.

...... petitioners Mr. Wasim Reja ....for the petitioners Mr. Prasun Kumar Dutta Mr. Subrata Roy ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the victim committed suicide at her paternal house. The husband is in custody.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, the investigations are yet to be concluded. Considering the post mortem report of the victim, the materials in the case diary and considering the fact that the husband is in custody, we 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 and on further condition that that the petitioner no. 1 (Pratap Das) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no. 2 (Dali Das) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)