Calcutta High CourtCRM (A)/2203/2023allowed

Nabakumar Sadhukhan And ORS v. State Of West Bengal

2023-06-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2203 of 2023 12.06.2023 Sl. 92 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Hanskhali Police Station Case No. 333 of 2023 dated 15.04.2023 under Sections 498A/306/34 of the Indian Penal Code.

And In the matter of: Nabakumar Sadhukhan & Ors.

....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. S. G. Mukherjee, learned PP Mr. Aniket Mitra Ms. Debjani Sahu ...for the State.

1. Heard learned Counsel for both the parties.

2. Petitioner no. 1 is the father-in-law, petitioner no. 2 is the mother-in-law of the deceased, petitioner no. 3 is the brotherin-law of the deceased and petitioner no. 4 is the wife of petitioner no. 3.

3. It is fairly submitted at the Bar that charge-sheet has not been filed against petitioner no. 3, Ananda Sadhukhan and petitioner no. 4, Indrani Sadhukhan.

4. So far as petitioners no. 1 and 2 are concerned it is found from the Case Diary that the main allegation is against the husband who is in custody. So far as present petitioners are concerned allegation against them is omnibus in nature. Since charge-sheet has already been filed, there is no need of custodial interrogation of the present petitioners.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation,

completion of investigation in the meantime, each of the petitioners is directed to appear before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, within 15 days from today in connection with Hanskhali Police Station Case No. 333 of 2023 dated 15.04.2023. On their appearance and application for bail each of the petitioners shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2203 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)