Anumay Das And ANR v. State Of West Bengal

29.08.2023 D/L 40 Ct. No.29 (Allowed) (SKB) CRM (A) 3415 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Baranagar P. S. Case No.455 of 2023 dated 08.07.2023 under Sections 379/320/325/506/34 of the Indian Penal Code and Section 24 of the Maintenance and Welfare of Parents and Senior Citizenship Act, 2007. And In the matter of : Anumay Das and another ... Petitioners Mr. Rameshwar Sinha ... for the petitioners Mr. Saryati Datta ... for the State

1. Heard learned Counsel for the parties.

2. The mother is the informant. Son and daughter-in-law are the petitioners. Injury report is indicative of the fact that the informant was there in the hospital for about six days on the basis of burning sensation of sole (feet) associated with dryness of mouth, slurring of speech for last 7 to 10 days. The petitioner no.1 is a known diabetic with hypothyroidism. All the aforesaid symptoms are the indication of a diabetic patient. There is no allegation of specific overt act against the present petitioners.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation 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. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 3415 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

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