Sankar Sarkar v. State Of West Bengal

30.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4128 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 696 of 2022 dated 30.05.2022 under Sections 498A/306/34 of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Sankar Sarkar & Anr.

...... petitioners Mr. Kunal Ganguly ....for the petitioners Mr. S. G. Mukherjee, learned Public Proseutor Mr. Partha Pratim Das Ms. Eshita Saha ....for the State Petitioners pray for anticipatory bail on the ground of parity with the other co-accuseds, who were extended such facility by the order dated August 23, 2022 passed in CRM(A) 3997 of 2022.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The husband was granted bail by the Jurisdictional Court.

The post mortem report of the victim suggests suicide. In such circumstances, 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/- each, 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 petitioners shall meet the Investigating Officer once a month till the conclusion of the investigation 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)