Dipankar Das And ORS v. The State Of West Bengal

11.07.2024 SL No.52 Court No.29 (gc) (Allowed) CRM (A) 2352 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Ramnagar Police Station Case No.30 of 2024 dated 17.01.2024 under Section 498A/302/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961. And In the matter of : Dipankar Das & Ors.

- Petitioners.

Mr. Mazahar Hossain Chowdhury ....For the Petitioners.

Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Mainak Gupta ... For the State.

1. The learned Counsel for the petitioners submits that the petitioner no.1 is the brother-in-law, petitioner no.2 is the wife of the brother-in-law and the petitioner no.3 is the mother of the victim.

2. Initially the case has been registered under Sections 498A, 302 and 34 of the Indian Penal Code. However, charge-sheet has been filed by replacing Section 302 with Section 306. The father-in-law and the husband are presently enlarged on bail and the charge-sheet has already been filed.

3. Considering the nature and extent of complicity of the petitioners in the commission of the alleged offence as it appears from the case diary and having regard to the fact that the charge-sheet has already been filed, we are of the view that the custodial interrogation of the petitioners is not necessary. Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 12 th of July 2024 12:04:08 PM

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Dipankar Das, Pampi Das and Manjurani Das, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, 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 Additional Chief Judicial Magistrate, Contai, Purba Medinipur in connection with G.R. Case No.150 of 2024 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.) (Sugato Majumdar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 12 th of July 2024 12:04:08 PM