Jagannath Bhunia And ORS v. State Of West Bengal

C.R.M. (A) 2453 of 2023 17.07.2023 ML. 59 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Garhbeta Police Station Case No. 260 of 2023 dated 29.04.2023 under Sections 498A/302/306/34 IPC.

And In the matter of: Jagannath Bhunia & Ors.

....petitioners.

Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das Ms. Eshita Dutta ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioners are stated to be the distant relatives of the husband of the deceased. There is no substantive allegation against them excluding the allegation that they had once assaulted one Tapash Patihar who used to keep extra-marital relationship with the deceased.

3. The investigation is stated to have progressed substantially.

4. Regard being had to the facts and submissions, factum of permanent residence of the petitioners, nature of allegation against them and substantial progress in the investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy

of this order.

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

7. The application being CRM (A) 2453 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)