Calcutta High CourtCRM (A)/4106/2022allowed

Boja @ Bijali Dolui And ORS. v. State Of West Bengal

2022-09-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4106 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No. 731 of 2016 dated 01/12/2016 under Sections 498A/306/304B/34 of the Indian Penal Code, 1860 and 3 and 4 of the Dowry Prohibition Act, corresponding to G.R. Case No.2597 of 2016.

And In the matter of: Boja alias Bijali Dolui & Ors. ....petitioners.

Mr. Juin Dutta Chakraborty ...for the petitioners through Video Conference. Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioners pray for anticipatory bail.

(AD) 13.09.2022 Court No.29 (Allowed) Report as called for by the order dated August 30, 2022 filed in Court be taken on record.

The report states that none of the petitioners are on Court bail.

The husband was enlarged on bail by the jurisdictional Court.

The police filed charge sheet. The post-mortem report suggests that the deceased committed suicide. Considering the nature of allegations as levelled against the petitioners and considering the fact that the police filed charge sheet and that the husband is on bail, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of

Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4106 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)