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Calcutta High CourtCRM (A)/4320/2022allowed

Sintu Saha And ANR v. State Of West Bengal

2022-09-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4320 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No.792 of 2022 dated 21/06/2022 under Sections 498A/323/306/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

And In the matter of: Sintu Saha & Anr.

....petitioners.

Mr. Jisan Iqubal Hossain ...for the petitioners.

Mr. Bidyut Kumar Roy Ms. Sima Biswas ...for the State.

(AD) 08.09.2022 Court No.29 (Allowed) Petitioners pray for anticipatory bail.

The victim is the husband.

The post-mortem report of the victim suggests that the victim committed suicide.

The police complaint was lodged by the wife of the victim against the in-laws.

According to the petitioners, the present police complaint is the counterblast in order to avoid the responsibility of the de facto complainant, if possible, with regard to the death of the victim.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the wife recorded under Section 164 of the Code of Criminal Procedure. The statement of the wife recorded under Section 164 of the Code of Criminal Procedure contains omnibus allegations as against the petitioners.

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/- (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 further condition that the petitioner no.1 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no.2 will cooperate with the investigation 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. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4320 of 2022 is disposed of.

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