Asif Biswas v. State Of West Bengal

C.R.M. (A) 2541 of 2023 19.07.2023 ML. 143 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Domkal P.S. Case No. 255 of 2022 dated 24.04.2022 under Sections 498A/304B/34 of the IPC with added Section 306 of the IPC pending before the learned CJM, Berhampore, Murshidabad. And In the matter of: Asif Biswas ....petitioner.

Ms. Minoti Gomes Mr. Md. G. N. Imrohi ...for the petitioner.

Mr. Navanil De ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioner is the husband of the deceased who admittedly has died a suicidal death in the house of her parents within eight months of her marriage. So far as allegation of demand of dowry is concerned there is omnibus allegation by the neighbors against all the family members including the present petitioner and all the family members except the present petitioner have already been admitted to anticipatory bail. Charge-sheet is stated to have been filed.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence, grounds of parity and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Berhampore, Murshidabad within 15 days from today in G.R. Case arising out of aforesaid Domkal P.S. case No. 255 of 2022. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and

circumstances of the case.

4. The learned Chief Judicial Magistrate is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 2541 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)