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Calcutta High CourtCRM/6630/2021partly allowed

Lakshmirabi Biswas And ORS v. State Of West Bengal

2021-11-08Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

(AD) 08.11.2021 C.R.M. 6630 of 2021 (Via Video Conference) Court No.29 (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30.09.2021 in connection with Kanksa P.S. Case No. 95 of 2021 dated 18/03/2021 under Sections 306/120B of the Indian Penal Code.

And In the matter of: Lakshmirani Biswas & Ors.

....petitioners.

Mr. Sujoy Sarkar ...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. PP Ms. Faria Hossain Ms. Baisali Basu ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the deceased left the matrimonial home voluntarily and thereafter she committed suicide. The petitioner was falsely implicated in the instant case.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the materials in the case diary and considering the involvement of the respective petitioners, we grant anticipatory bail to the petitioner no.3. However, we are unable to grant anticipatory bail to the petitioner nos.1 and 2. Accordingly, we direct that in the event of arrest, the petitioner no.3 shall be released on bail upon furnishing a Bond of Rs.10,000/- with two sureties of like amount each to the

satisfaction of the Arresting Officer and also 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 no.3 will cooperate with the investigation and shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 6630 of 2021 is, thus, disposed of.

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