Suvra Hazra And ANR v. State Of West Bengal

27.06.2022 Serial no. 47 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3041 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 140 of 2022 dated 28.03.2022 under Sections 448/ 323/ 325/ 379/ 354/ 377/ 506/ 34 IPC and under Section 04 POCSO Act.

-AndIn the matter of : Suvra Hazra & Anr.

... ... Petitioners Mr. Sumit Naskar, Advocate ... ... For the Petitioners Mr. Avishek Sinhan Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the incident arose out of family disputes. Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code and the other materials in the case diary.

Apparently, the incident arose out of family disputes. The de facto complaint and the petitioners are relatives.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein, 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/- (Rupees Ten Thousand Only) 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 the petitioner no. 2 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 1 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear every day 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.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 3041 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)