Calcutta High CourtCRM (A)/3480/2023allowed

Barun Karmakar And ANR v. State Of West Bengal

2023-08-30Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3480 of 2023 30.08.2023 SL. 35 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patiram Police Station Case No. 142 of 2023 dated 14.07.2023 under Sections 306/34 IPC (corresponding to G.R. Case No. 1413 of 2023).

And In the matter of: Barun Karmakar & Anr.

....petitioners.

Mr. Biswaajit Manna ...for the petitioners.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioners are the father and mother of the girl who was in love with the deceased. It is alleged that as the deceased refused to marry with the daughter of the petitioners, they had assaulted him.

3. Learned counsel for the petitioner, on the other hand, submits that when the petitioners came to know about love affair between their daughter and the deceased, they prevented their daughter, she being a minor not to keep such relationship with the deceased who thereafter, committed suicide, reason of which is not known to the petitioners.

4. We also do not find any material to constitute ingredients of Section 107 IPC at least prima facie as against the petitioners.

5. Regard being had to the facts and submission, 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 in the event of

their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 3480 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

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