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Calcutta High CourtCRM/6523/2021allowed

Sujit Ruidas And ORS v. State Of West Bengal

2021-10-01Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

01.10.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 6523 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Andal Police Station Case No. 150 of 2021 dated 14.06.2021 under Sections 498A/323/307/376/506/420/34 of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Dowry Prohibition Act.

And In Re : Sujit Ruidas & Ors.

...... petitioners Mr. Kunal Ganguly .....for the petitioners Mr. Tanmoy Ghosh Mr. Arabinda Manna ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband filed a proceeding under Section 9 of the Hindu Marriage Act claiming restitution of conjugal rights against the de facto complainant. The de-facto complainant lodged the present complaint thereafter. He submits that, the father-in-law of the de-facto complainant is on bail. Learned advocate appearing for the State draws the attention of the Court to the medical report. Considering the fact that the father-in-law of the de-facto complainant, against whom the principle allegation was made,

is on bail and considering the fact that the de-facto complainant refused medical examination and considering the fact that the police submitted charge-sheet, 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 condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)