Calcutta High CourtCRM (A)/2252/2023allowed

Sudhakrishna Piri And ORS v. State Of West Bengal

2023-06-16Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2252 of 2023 16.06.2023 Sl. 127 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chandipur Police Station Case No. 395 of 2022 dated 04.11.2022 under Sections 498A/306 of the IPC vide G.R. Case No. 3271 of 2022.

And In the matter of: Sudhakrishna Piri & Ors.

....petitioners.

Mr. Amal Krishna Samanta ...for the petitioners.

Mrs. Sreeparna Das ...for the State.

1. Heard learned Counsel for both the parties.

2. The earlier application for anticipatory bail was rejected in respect of present petitioner Nos. 1 and 2 on 11.01.2023 passed in CRM (A) 103 of 2023. Now charge-sheet has already been filed.

3. Perusal of the earlier order and the charge-sheet filed in the meantime shows that at the time of earlier consideration by this Court investigation was conducted for offence under Sections 304B/498a IPC read with Sections 3 and 4 of the D.P. act. Now charge-sheet has been filed under Sections 306/498A IPC presupposing suicidal death of the deceased. Such a fact is obviously a supervening circumstance.

4. Regard being had to such facts and submissions and that the petitioners are all members of family of the in laws and the husband of the deceased has already been enlarged on bail, it is directed that each of the petitioner shall appear before the learned Chief Judicial Magistrate, Purba Medinipur within 15 days from today in connection with G.R. Case No. 3271 of 2022 arising out Chandipur P.S. case No. 395 of 2022 dated

04.11.2022. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. The learned Chief Judicial Magistrate is directed to act on the server copy of this order.

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

7. The application being CRM (A) 2252 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)