Calcutta High CourtCRM (A)/3668/2023allowed

Sahebram Mahato And ORS. v. State Of West Bengal

2023-09-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

13.09.2023 M/L 61 Ct. No.29 (Allowed) (SKB) CRM (A) 3668 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Purulia (M) P. S. Case No.175 of 2023 dated 19.07.2023 under Section 498A/323/325/313/307/ 506/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act corresponding to G.R. Case No.1315 of 2023.

In the matter of : Sahebram Mahato and others ... Petitioners Mr. Pawan Kumar Gupta, Mr. Sougata mitra, Mr. Rameshwar Sinha, Ms. Sofia Nezar, Mr. Santanu Sett, Ms. Soma Chakraborty ... for the petitioners Mr. Saswata Gopal Mukerji, ld. PP Mr. Imran Ali, Ms. Debjani Sahu ... for the State

1. Heard learned counsel for the parties.

2. The petitioners are stated to be the members of the family of the in-laws of the informant/wife. It is fairly submitted at the Bar that there are no medical documents to prove offence under Section 313 IPC or the injury sustained by the victim.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such

compromise is always in the interest of the family and society and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the G.R. Case No.1315 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

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

6. The applications being CRM(A) 3668 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

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