Calcutta High CourtCRM (A)/3072/2022allowed

Nikhil Mondal And ORS v. State Of West Bengal

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

C.R.M. (A) 3072 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 84 of 2022 dated 02/03/2022 under Sections 498A/326/307/304B/302/34 of the Indian Penal Code and Section 4 of the D.P. Act.

And In the matter of: Nikhil Mandal & Ors.

....petitioners.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioners.

Mr. Debabrata Chatterjee, Ld. APP Mr. Santanu Chatterjee ...for the State.

(AD) 29.06.2022 Court No.29 (Allowed) Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the husband is in custody. The police filed charge sheet and, therefore, custodial interrogation of the petitioners is not required.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure immediately prior to her death as also to her injury reports. He also refers to the materials in the case diary. In the statement of the victim recorded on March 3, 2022 prior to her death, the victim implicates her husband. The allegations against the petitioners are omnibus in nature. The police filed charge sheet.

In such circumstances, 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/- (Rupees Ten Thousand Only) 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 on 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.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 3072 of 2022 is disposed of.

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