Calcutta High CourtCRM (A)/3222/2023allowed

Mohidul Shaikh v. State Of West Bengal

2023-08-24Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

24.08.2023 (M/L 406) Ct. No.29 Allowed (SKB) CRM (A) 3222 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chapra P.S. Case No.188 of 2023 dated 04.04.2023 under Sections 498A/302/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Mohidul shaikh ... Petitioner Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose ... for the petitioner Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard the learned Counsel for the parties.

2. Charge-sheet is stated to have been filed for the offence under Section 304B/34 IPC and Sections 3/4 of Dowry Prohibition Act. Suicidal hanging by the deceased is an admitted fact at the Bar. From the statement of the neighbours of the petitioner recorded under Section 161 Cr.P.C., it is found there is omnibus allegation against the petitioner so far as demand of additional dowry is concerned.

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

that the petitioner shall surrender before the learned CJM, Krishnagar, Nadia in connection with G.R. case arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he 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 including the conditions: i) The petitioner shall appear before the trial court on the date of substantive hearing subject to provision of Section 317 Cr.P.C.

ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

5. The application being CRM(A) 3222 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)