Haridasi Mondal And ORS v. The State Of West Bengal

22.07.2024 Court No.29 Item No. 31 Allowed ar CRM (A) 2436 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 139 of 2024 dated 09.05.2024 corresponding to S.L Case No. 967 of 2024 under Sections 498A/306/34 of the Indian Penal Code. And In Re: Haridasi Mondal & Ors.

Petitioners Mr. A.K. Biswas Mrs. Jyoti Agarwal Ms. Piyu Mandal For the Petitioners Mr. Anindya Sundar Chatterjee For the State

1. The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the husband of the sister-in-law and the petitioner no. 3 is the married sisterin-law of the deceased.

2. Learned counsel for the petitioners submits that the petitioners are innocent.

3. Learned counsel for the State has produced the case diary and has referred to the statement of family friends of the deceased and also the statement of the mother of the deceased.

4. Considering the materials available in case diary and the nature and involvement of the petitioners in the commission of the alleged offence and having regard to the fact that mother has made specific allegation against the husband of the deceased, we are of the view that custodial interrogation of the petitioners is not necessary. Signed By :

AMITAVA ROY High Court of Calcutta 23 rd of July 2024 12:26:49 PM

5. Accordingly, we direct that in the event of arrest, the petitioners, namely, Haridasi Mondal, Avijit Mondal and Gouri Mondal 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, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner no. 2 shall meet the Investigating Officer once in a fortnight or as and when called for till the submission of the final report and the petitioner nos. 1 and 3 shall cooperate with the investigation and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Krishnagar, Nadia within two weeks from date in connection with S.L Case No. 967 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

6. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 23 rd of July 2024 12:26:49 PM