Sadhan Mondal And ORS v. The State Of West Bengal

05.07.2024 SL No.60 Court No.29 (gc) (Allowed) CRM (A) 2182 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Beldanga Police Station Case No.183 of 2024 dated 09.03.2024 under Sections 498A/304B/302/34 of the Indian Penal Code. And In the matter of : Sadhan Mondal & Ors.

- Petitioners.

Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulomi Bose ....For the Petitioners.

Mr. Ranabir Roychowdhury, Ld. A.P.P., Mr. Sachit Talukdar ... For the State.

1. The learned Counsel for the petitioners submits that the petitioners are innocent and the death was accidental.

2. The learned Counsel for the State has also submitted that the injury report shows that she caught fire accidentally.

3. Considering the materials available in the case diary and having regard to the statement of the medical doctor who had examined the victim and the victim has stated during medical examination that she caught fire accidentally and also having regard to the fact that the statement of the neighbours recorded under Section 161 of the Cr.P.C. suggesting accidental death, we are of the view that the custodial interrogation of the petitioners is not necessary.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of July 2024 05:54:51 PM

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Sadhan Mondal, Chhaya Mondal and Purnima Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered 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. It is further directed that the petitioners shall appear before the learned Chief Judicial Magistrate at Berhampore, Murshidabad in connection with G.R. Case No.1150 of 2024 and pray for regular bail within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of July 2024 05:54:51 PM