Calcutta High CourtCRM (A)/3501/2023allowed

Anechh Sekh @ Sk And ANR v. State Of West Bengal

2023-08-30Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

30.08.2023 (D/L 53) Ct. No.29 Allowed (SKB) CRM (A) 3501 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No.264 of 2023 dated 05.04.2023 under Sections 498A/306/34 of the Indian Penal Code.

In the matter of : Anechh Sekh @ Sk @ Anich Sk and another ... Petitioners Mr. Sumanta Das ... for the petitioners Mr. Saswata Gopal Mukerji, ld. PP Mr. Partha Pratim Das, Mrs. Manasi Roy ... for the State

1. Learned counsel for the petitioners is allowed to correct the cause title in court today.

2. Heard the learned Counsel for the parties.

3. The petitioners are the parents-in-law of the deceased who admittedly has died a suicidal death. From the statements of the neighbours of the petitioners recorded under Section 161 Cr.P.C., it transpires that the family members were torturing the deceased for additional demand of dowry. Such statements are, however, omnibus in nature.

4. Charge-sheet has been filed.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of

investigation, it is directed that each of the petitioner shall surrender before the learned CJM, Krishnanagar, Nadia in connection with the G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On their surrender and application for bail, they shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition: i) The petitioners shall appear before the trial court on the date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

7. The application being CRM(A) 3501 of 2023 is disposed of.

8. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)