Pankaj Roy And ORS v. State Of West Bengal

C.R.M. (A) 2649 of 2023 25.07.2023 SL. 30 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 Chitpur Police Station Case No. 53 of 2023 dated 20.04.2023 under Sections 498A/406/506/34 of the IPC read with Sections 3/4 of the D.P. Act.

And In the matter of: Pankaj Roy & Ors.

....petitioners.

Ms. Anam Zafar ...for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

1. Heard learned Counsel for both the parties.

2. Petitioner Nos. 1 and 2 are parents-in-law of the informant wife and petitioner No. 3 is the sister-in-law of the said informant wife. There is stated to be matrimonial proceedings between the parties before the competent Court. Earlier the present petitioner Nos. 1 and 2 had lodged a complaint on 22.04.2022 against the informant. It is further found from the statement of the witnesses that the allegation against the present petitioners is omnibus in nature.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in 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 including the conditions that i) the petitioner No. 1,

Pankaj Roy is directed appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.; ii) the petitioner No. 2, Manika Roy and the petitioner No. 3, Sharmistha Roy are directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

6. The application being CRM (A) 2649 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)