Radha Gobinda Saha@Gobinda Saha And ANR v. State Of West Bengal
17.07.2023 (M/L 73) Ct. No.29 Allowed (SKB) CRM (A) 2467 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ranaghat P.S. Case No.285 of 2023 dated 11.05.2023 under 498A/304B/302/34 of the Indian Penal Code.
In the matter of : Radha Gobinda Saha @ Gobinda Saha and another ... Petitioners Mr. Sabir Ahmed, Mr. Abdur Rakib, Ms. Suman Biswas, Mr. Dhgiman Banerjee, Mr. Soham Chakraborty ... for the petitioners Mr. Saswata Gopal Mukerji, ld. P.P.
Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State
1. Heard the learned Counsel for the parties.
2. The petitioner no.2 is stated to be the married sister-inlaw of the deceased. Petitioner no.1 is the husband of the petitioner no.2. The deceased is stated to have died a suicidal death by hanging herself.
3. It is fairly submitted at the Bar that there is allegation against the husband so far as demand of dowry is concerned. From the statement of the witnesses recorded under Section 161 Cr.P.C., we find that there is omnibus allegation against the petitioners so far as demand of
additional dowry and physical assault is concerned. The investigation is stated to have progressed substantially.
4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation against them and substantial progress of 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. Within 21 days from today petitioners are directed to appear before the I.O. 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) 2467 of 2023 is disposed of.
8.
The Arresting Officer is hereby directed to act upon the server copy of this order.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)