Sarat Das And ANR v. State Of West Bengal

C.R.M. (A) 3160 of 2023 23.08.2023 ML. 354 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with N.T.S. Police Station Case No. 55 of 2023 dated 02.04.2023 under Sections 498A/323/313/406/34 of the IPC and Sections 3/4 of the D.P. Act.

And In the matter of: Sarat Das & Anr.

....petitioners.

Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Ms. A. Dutta ...for the petitioners.

Mr. Abhra Mukherjee Mr. Goutam Banerjee ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners are husband and mother-in-law respectively for the informant. From the materials placed before us, we do not find any medical papers to substantiate allegation under Section 313 IPC.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society 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 P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear

before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 3160 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)