Bijoli Mondal And ORS v. State Of West Bengal

29.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3609 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 572 of 2021 dated 18.10.2021 under Sections 498A/376/511/379 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Bijoli Mondal & Ors.

...... petitioners Mr. Mrityunjoy Chatterjee Md. G. N. Imrohi Mr. S. Bhattacharya Mr. D. Majumdar Mr. P. Hazra ....for the petitioners Mr. Pravas Bhattacharya Mr. M.F.A. Begg ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the husband is in custody. The petitioners are ladies and, therefore, the question of attempt of rape as against the petitioner does not lie.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy. Considering the nature of allegations and the involvement of the petitioners therein as transpiring from the materials in the case diary, we 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/- 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 petitioners shall cooperate with the Investigating Officer till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)