Manick Mahato And ANR. v. The State Of West Bengal
24.06.2024 SL No.19 Court No.29 TN (Allowed) CRM (A) 1934 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Ranaghat Police Station Case No.227 of 2024 dated 28.03.2024 under Sections 498A/304B & 34 of the Indian Penal Code and under Sections 3 & 4 of the Dowry Prohibition Act.
And In the matter of : Manick Mahato and another. - petitioners.
Mr. Sumanta Das ....for the petitioners.
Mr. Anwar Hossain, Ms. Nandini Chatterjee ... for the State.
1. Leave is given to correct the name of the second petitioner as Aloka Mahato wrongly typed as Aloke Mahato.
2. Learned Counsel for the petitioners submits that the petitioner no. 1 is the father-in-law and the petitioner no.2 is the mother-in-law of the victim. They have been falsely implicated. Their son is presently in custody. Dispute is essentially between their son and daughter-in-law.
3. The learned Counsel for the State in opposing the prayer has referred to the statement of the neighbours to show that the victim was tortured physically and mentally by her husband and in-laws.
4. Considering the materials available in the case diary, extent of involvement of the present petitioners in the commission of the alleged offence and the fact as it appears from the post mortem report that the victim died due to ante mortem hanging and the husband of the victim is presently in Signed By :
TANMOY NANDAN High Court of Calcutta 25 th of June 2024 11:06:48 AM
custody, we are of the view that custodial interrogation of the petitioners is not necessary.
5. Accordingly, we direct that in the event of arrest, the petitioners, namely, Manick Mahato and Aloka Mahato shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, 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. It is further directed that the present petitioner no.1 shall meet the Investigating Officer of this case once in a week or as and when required and shall not leave the jurisdiction of Ranaghat Police Station till the submission of final report. The petitioner no.2 shall cooperate with the investigation and shall not leave the jurisdiction of the Ranaghat Police Station till the submission of the final report. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Ranaghat at Nadia in connection with G.R. Case No. 1576 of 2024 within two weeks from date and pray for regular bail.
6. Accordingly, the application for anticipatory bail is disposed of.
7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :
TANMOY NANDAN High Court of Calcutta 25 th of June 2024 11:06:48 AM