Calcutta High CourtCRM (A)/3113/2023allowed

Sukhi Murmu @ Sukhi Besra And ORS v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3113 of 2023 29.08.2023 SL. 13 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harirampur Police Station Case No. 22 of 2023 dated 18.02.2023 under Sections 498A/302/34 IPC (corresponding to G. R. Case No. 130 of 2023).

And In the matter of: Sukhi Murmu @ Sukhi Besra & Ors. ....petitioners.

Mr. S. K. Bhattacharyya Mr. S. Burman Mr. V. Paswan ...for the petitioners.

Mr. S. G. Mukherji, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ... for the State.

1. Heard learned Counsel for the parties.

2. The present petition for anticipatory bail in respect of petitioner no. 2 (Sanjit Besra) is dismissed as 'not pressed' since he has been arrested in the meantime.

3. Petitioner no. 1 is the mother-in-law, petitioner no. 4 is the father-in-law and petitioner no. 3 is the brother-in-law of the deceased who admittedly has committed suicide and chargesheet has been filed under Section 304B IPC along with other allied offences.

4. The statement of neighbours of the present petitioners is quite omnibus in nature so far as allegation regarding demand of additional dowry is concerned.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner nos. 1, 3 and 4, nature of allegation and completion of investigation, it is directed that

petitioner nos. 1, 3 and 4 shall surrender before the learned Additional Chief Judicial Magistrate, Gangarampur, Dakshin Dinajpur in G.R. Case No. 130 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On their appearance and application for bail petitioner nos. 1, 3 and 4 shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that petitioner nos. 1, 3 and 4 shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

6. Accordingly, the prayer for the anticipatory bail is allowed in respect of petitioner nos. 1, 3 and 4.

7. The application being CRM (A) 3113 of 2023 is disposed of.

8. Learned Additional Chief Judicial Magistrate, Gangarampur, Dakshin Dinajpur is hereby directed to act upon the server copy of this order, if required.

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