Bodhan Konai @ Konai And Others v. State Of West Bengal

19.07.2022 Serial no. 33 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3440 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mollarpur Police Station Case No. 140 of 2022 dated 24.06.2022 under Sections 498A/304B/306/34 of the Indian Penal Code and 3 & 4 of the Dowry Prohibition Act & G.R. Case No. 1075 of 2022.

-AndIn the matter of : Bodhan Konai @ Konai Bodhan & Ors. ... ... Petitioners Mr. Prosenjit Mukherjee, Mr. Arghya Kamal Das, Ms. Poulami Dutta, Mr. Aslam Parvez, Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherjee, ld. PP Mr. Aniket Mitra, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary, including the postmortem report of the victim and the statements of the brother of the victim recorded under Section 164 of the Criminal Procedure Code. He submits that the husband and the brother-in-law of the victim are in custody.

Considering the postmortem report of the victim and considering the omnibus nature of allegations made as

against the petitioners, 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 petitioner nos. 1 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 2 and 3 shall cooperate with the investigation till its completion 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) 3440 of 2022 is disposed of.

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