Tumpa Ghosh @ Halder @ Tumpa Halder v. State Of West Bengal

16.12.2021.

41.

as (Allowed).

C.R.M. 6083 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baruipur P. S. Case No.372 of 2021 dated 23.02.2021 under Sections 498A/306/34 of the Indian Penal Code. In the matter of : Tumpa Ghosh @ Halder @ Tumpa Halder. ... Petitioner.

Mr. Raja Biswas, Mr. Abhijit Sarkar.

...for the Petitioner.

Mr. S. S. Imam, Mr. S. Kundu.

.....for the State.

Heard the learned Advocates appearing for the parties. We have considered the materials on record. Petitioner is the sister-in-law of the victim housewife. Incident occurred 12 years after marriage. Allegations of torture are general and omnibus in nature. Statutory presumption under Section 113A of the Evidence Act is not attracted in the facts of the case.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, 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 and on further condition that the

petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

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