Mosiyar Sarkar @ Masiyar Sarkar v. State Of West Bengal

29.08.2022 Serial no. 04 [Dd] (Anticipatory bail) Allowed) CRM (A) 4069 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Udaynarayanpur Police Station Case No. 114 of 2021 dated 25.08.2021 under Sections 498A/406/325/313/34 of the Indian Penal Code (corresponding to G. R. Case No. 1962 of 2021) -AndIn the matter of : Mosiyar Sarkar alias Masiyar Sarkar ... Petitioner Mr. Suman Chakraborty, Advocate ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Ms. Faria Hossain, Mr. Anand Keshari, Advocates ... For the State Petitioner renews the prayer for anticipatory bail. Learned advocate appearing for the petitioner submits that all other co-accuseds were enlarged on bail. Even the husband of the de facto complainant was enlarged on bail.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The petitioner before us is the father-in-law of the de facto complainant. The husband of the de facto complainant was enlarged on bail by the jurisdictional Court. The police filed charge sheet.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4069 of 2022 is disposed of.

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