Dulal Das And ORS v. State Of West Bengal

11.07.2022 Serial no. 39 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3298 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 264 of 2022 dated 10.04.2022 under Sections 498A/304(B) & 34 of the Indian Penal Code.

-AndIn the matter of : Dulal Das & Ors.

... ... Petitioners Mr. Sumanta Das, Advocate ... ... For the Petitioners Mr. Bidyut Kr. Roy, Ms. Sima Biswas, Mr. Sandip Chakraborty, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the husband and the mother-in-law are in custody. The police filed charge sheet and, therefore, custodial interrogation of the petitioners is not required. Learned advocate appearing for the State draws the attention of the Court to the postmortem report and the materials in the case dairy.

The postmortem report suggests that the death was due to suicide.

The police filed charge sheet.

In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only) 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 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.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 3298 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)