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Calcutta High CourtCRM (A)/3235/2022allowed

Anjali Mandal And ORS v. State Of West Bengal

2022-07-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

08.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3235 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 161 of 2022 dated 28.04.2022 under Sections 498A/306/120B/506 of the Indian Penal Code, 1860.

And In Re : Anjali Mandal & Ors.

...... petitioners Mr. Kushal Kumar Mukherjee ....for the petitioners Ms. Faria Hossain Ms. Baisali Basu ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the victim committed suicide. The victim and her husband were residing separately than the present petitioners. Learned advocate appearing for the State draws the attention of the Court to the post mortem report of the victim as well as the statement recorded under Section 161 of the Code of Criminal Procedure.

The post mortem report of the victim suggests suicide. Apparently, the petitioners were not residing with the victim and her husband.

The husband is in custody.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos. 2 (Chhoton Mandal alias Chotan Mandal) and 3 (Mithun Mandal) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos.

1 (Anjali Mandal), 4 (Priyanka Mandal), 5 (Rita Mandal alias Dipali Mandal), 6 (Samrity Mandal alias Smriti Mandal) and 7 (Sankika Mandal alias Sanjita Mandal alias Sanjika Mondal) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)