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Calcutta High CourtCRM/7056/2021allowed

Palash Mondal @ Bikash And Another v. State Of West Bengal

2021-11-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

15-11-2021 (ct. no.28) sb/suvayan CRM 7056 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Binpur Police Station Case No. 68 of 2021 dated 10.09.2021 under Sections 498A/304B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

- A n d - In the matter of : Palash Mondal @ Bikash and Anr. .... Petitioners.

Mr. Soumyajit Das Mahapatra Mr. Tapan Chowdhury ... For the Petitioners.

Mr. Goutam Wilson ... For the State Petitioner no. 1 is the brother-in-law of the victim housewife and petitioner no. 2 is his wife. It is contended that they have been falsely implicated in the instant case. Learned lawyer for the state opposes the prayer for anticipatory bail.

We have considered the materials on record.

Statements of witnesses do not disclose any overt act on the part of the petitioners subjecting the victim housewife to torture prior to her commission of suicide. In view of extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest, the petitioners 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 be subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM 7056 of 2021 is disposed of.

( Bivas Pattanayak, J. ) ( Joymalya Bagchi, J. )