Sumana Adhikary And ORS v. State Of West Bengal

C.R.M. (A) 3671 of 2023 18.09.2023 ML. 64 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalyani Police Station Case No. 442 of 2023 dated 20.07.2023 under Sections 498A/406/34 IPC.

And In the matter of: Sumana Adhikary & Ors.

....petitioners.

Mr. Avik Ghatak Ms. Afreen Begum ...for the petitioners.

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

1. Heard learned Counsel for the parties.

2. The present petitioners are the family members and relatives of the husband of the informant/wife.

3. We have perused the entire materials of the Case Diary. It reveals to us that the allegation of torture as against the present petitioners are basically omnibus in nature.

4. Regard being had to the facts and submission, 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 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.

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. Accordingly, the prayer for anticipatory bail is allowed.

7. The application being CRM (A) 3671 of 2023 is disposed of.

8. 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.)