Rupam Bose And ORS v. State Of West Bengal

30.09.2021 Serial no. 54 Dd (Through Video Conference) CRM 6472 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21st September, 2021 in connection with Gazole Police Station Case No. 611 of 2021 dated 02.08.2021 under Sections 498A/494/34 of the Indian Penal Code read with Section 4 of Dowry Prohibition Act, 1961 -AndIn the matter of : Rupam Bose & Ors.

... Petitioners Mr. Mounick Ghosh, Advocate ... ... For the Petitioners Mr. S. G. Mukherjee, ld. PP Ms. Faria Hossasin, Ms. Sonali Das, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that there exists a decree for divorce subsequent to which the petitioner no. 1 married. Petitioners were falsely implicated.

Learned advocate appearing for the State submits that there is an application under Order 9 Rule 13, of the Code of Civil Procedure, 1908 so far as the petitioner no. 1's decree for divorce is concerned. There are materials against the petitioners.

Considering the materials in the case diary and the complicity of the first petitioner, we are not inclined to grant anticipatory bail to him. However, we are inclined to grant anticipatory bail to petitioner no. 2, Romen Bose @ Ramen Bose and petitioner no. 3, Joyeshri Bose @ Jayashri Bose.

Accordingly, we direct that in the event of arrest, the petitioner nos. 2 and 3 shall be released on anticipatory 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 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 and 3 shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner no. 2 will meet the Investigation Officer once in a fortnight and petitioner no. 3 will cooperate with the investigation of the case. Prayer for anticipatory bail of petitioner nos. 2 and 3 is allowed and prayer for anticipatory bail of petitioner no. 1 is dismissed.

CRM 6472 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)