Rabi Mandal And ORS v. State Of West Bengal

22.08.2023 (D/L 5) Ct. No.29 Allowed (SKB) CRM (A) 3028 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No.288 of 2023 dated 03.06.2023 under Sections 498A/326/307/34/304B of the Indian Penal Code (G.R. Case No.1542 of 2023). In the matter of : Rabi Mandal and others ... petitioners Mr. Kalidas Saha ... for the petitioners Mr. Debabrata Chatterjee, Mr. Santanu Chatterjee ... for the State

1. Heard the learned Counsel for the parties.

2. Petitioner nos.1 and 2 are the father-in-law and the mother-in-law of the deceased respectively. Petitioner nos.3 and 4 are the married sisters-in-law of the deceased. The dying declaration of the deceased as found from the CD does not implicate the present petitioners in any manner and the same is implicative of the husband only, who is, admittedly, in custody.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid G.R. Case No.1542 of 2023 arising out of the aforesaid P.S. case on such terms

and conditions as deemed just and proper in the facts and circumstances of the case including the conditions: i) The petitioner no.1 is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

ii) Petitioner nos.2 to 4 being ladies are directed to appear before the IO for the purpose of investigation as and when required from sunrise to sunset.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 3028 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)