Fulchand Karmakar And ORS v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 22-08-2023 Item no.325A Subrata Bhattacharyya CRM(A) No.3130 of 2023 Fulchand Karmakar & Ors.

-vsThe State of West Bengal In Re: An application for anticipatory bail under Section 438 CrPC in connection with Gazole P.S. Case No.596 of 2020 dated December 27, 2020 under sections 498A/307 IPC read with sections 3/4 Dowry Prohibition Act.

Ms. Minoti Gomes ...for the petitioners Mr. Tanmoy Kumar Ghosh Ms. Sonali Bhar ... for the State

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that so far as petitioner no.3 (Gita Karmakar) and petitioner no.4 (Bouddha Karmakar) are concerned, they do not want to press this application for anticipatory bail on the grounds that they have been arrested and enlarged on regular bail thereafter.

3. Regard being had to such submission, the present petition for anticipatory bail is in respect of petitioner no.1 (Fulchand Karmakar) and petitioner no.2 (Archana Karmakar) only.

4. It is submitted that no injury has been sustained by the victim and the victim-wife has subsequently committed suicide.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, and completion of investigation, it is directed that the said petitioners, shall surrender before CJM Malda in the aforesaid PS Case within 15 days from today.

6. On their surrender and application for bail, they shall be released on bail by the aforesaid court on such terms and

conditions as deemed just and proper in the facts and circumstances of the case.

7. The application being CRM(A) No.3130 of 2023 is disposed of.

[Chitta Ranjan Dash, J] [Partha Sarathi Sen, J]