Calcutta High CourtCRM (A)/2727/2023allowed

Anima Halder@Anima Haldar And ANR v. State Of West Bengal

2023-08-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2727 of 2023 22.08.2023 SL. 3 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 451 of 2023 dated 12.04.2023 under Sections 498A/302/34 IPC (corresponding to G.R. Case No. 1574 of 2023).

And In the matter of: Anima Halder @ Anima Haldar & Anr. ....petitioners.

Mr. Kingsuk Mondal ...for the petitioners.

Mr. Saibal Bapuli, Ld. APP Mr. Soumik Ganguli ...for the State.

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that the present petitioners are similarly circumstanced with Bijoy Haldar @ Bijay Halder, the maternal uncle of the deceased who has been admitted to anticipatory bail vide order dated 25.07.2023 in CRM (A) 2640 of 2023.

3. Petitioner no. 1 is the mother-in-law of the deceased and the petitioner no. 2 is the daughter of the sister-in-law of the deceased.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer 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 petitioners are directed to 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 submissions of F.F.; ii) the petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

5. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 2727 of 2023 is disposed of.

8. The Arresting Officer is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)