Saraswati Santra And ORS v. State Of West Bengal

13.09.2023 (M/L 52) Ct. No.29 Allowed (SKB) CRM (A) 3659 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Haripal P.S. Case No.70 of 2021 dated 03.04.2021 under Section 498A of the IPC.

In the matter of : Saraswati Santra and others ... Petitioners Mr. Dhananjay Banerjee ... for the petitioners Smt. Sreeparna Das ... for the State

1. Heard learned advocate for the petitioners and learned advocate for the State.

2. The present petitioners are the in-laws of the deceased. Though the instant case started under Sections 498A/302/406 IPC but after completion of the investigation, charge-sheet was submitted under Section 498A IPC against the present petitioners and the other co-accused. Since investigation is complete, custodial interrogation of the petitioners is not necessary.

3. Accordingly we are inclined to grant anticipatory bail to the present petitioners.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each of the petitioner shall surrender before the

learned ACJM, Chandannagar, Hooghly in the G.R. Case No.411 of 2021 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.

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

6. The application being CRM(A) 3659 of 2023 is disposed of.

7. 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.)