Malinda Hansda And ANR v. State Of West Bengal
21.12.2021 SL No.67 Ct. 28 Saswata CRM 8469 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Indpur P.S. Case No. 83/21 dated 29.09.2021 under Sections 498A/302 of the Indian Penal Code, 1860.
And In the matter of: Malinda Hansda & Anr.
....Petitioners Mr. Soumik Ganguli ...for the Petitioners Mr. Arijit Ganguly Ms. Sujata Das ...for the State.
It is submitted on behalf of the petitioners that they are in laws of the victim housewife. She committed suicide out of depression.
Learned lawyer for the State opposes the prayer for bail and submits petitioners subjected the victim housewife to torture who committed suicide.
We have considered the materials on record. Allegations of torture are general and omnibus in nature. Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are of the opinion that they petitioners may be granted anticipatory bail.
The prayer for anticipatory bail is thus allowed. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a Bond of Rs. 10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, 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 further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)