Montu Mia@Mantu Minya And ANR v. State Of West Bengal

08.08.2022 Serial no.10 Aloke CRM (A) 3778 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 283 of 2022 dated 07.05.2022 under Sections 498A/324/325/307/34 of the Indian Penal Code and Section 4 of the DP Act.

-AndIn the matter of : Montu Mia @ Mantu Minya & Anr. ... ... Petitioners Mr. Robiul Islam, Advocate Mr. Raju Mondal, Advocate Mr. S.A. Munsi, Advocate ... ... For the Petitioners Mr. Santanu Chatterjee, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners are no way related to the de facto complainant. The petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention to the materials in the case dairy. The husband of the de facto complainant was arrested and is still in custody. Father-in-law of the de facto complainant was enlarged on bail by the jurisdictional Court. None of the petitioners apparently are relatives of the husband of the de facto complainant or the de facto complainant.

In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only) 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 condition

that the petitioners shall meet the Investigating Officer as and when called for till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3778 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)