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Calcutta High CourtCRM/5975/2021allowed

Partha Show v. State Of West Bengal

2021-11-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

25.11.2021 Serial no.107 Aloke (Through Video Conference) Ct. No. 29 CRM 5975 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.08.2021 in connection with Burdwan Police Station Case No. 980 of 2021 dated 11.09.2021 under Sections 498A/304B/406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. -AndIn the matter of : Partha Show ... Petitioner Mr. Sudipto Moitra, ld. Sr. Advocate Mr. Samiran Mandal, Advocate Mr. Abhinaba Dan, Advocate ... ... For the Petitioner Mr. Swapan Banerjee, Advocate Ms. Purnima Ghosh, Advocate ... ...For the State Learned Advocate appearing for the petitioner submits that there is a change of Police Station subsequent to the filing of the application for anticipatory bail.

Learned Advocate appearing for the State does not dispute such position. Consequently, leave is granted to the learned Advocate-on-record for the petitioner to correct the cause title. Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the contents of the case diary including the statement recorded under Section 161 of the Code of Criminal Procedure of the landlady.

Considering the materials in the case diary and considering the gravity of the offences and considering the complicity of the petitioner therein, 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 anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 with a further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date. The prayer for anticipatory bail is allowed.

CRM 5975 of 2021 is disposed of.

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