Sandipan Mukherjee v. State Of West Bengal

18.09.2023 M/L 143 Ct. No.29 (Allowed) (SKB) CRM (A) 3750 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jadavpur P. S. Case No.70 of 2020 dated 06.03.2020 under Sections 498A/406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. In the matter of : Sandipan Mukherjee ... Petitioner Mr. Sekhar Kumar Basu, Sr. Adv.

Mr. Kusal Kumar Mukherjee, Mr. Diptangshu Basu ... for the petitioner Mr. Saswata Gopal Mukerji, ld. PP Mr. Partha Pratim Das, Ms. Eshita Dutta ... for the State

1. Heard learned counsel for the parties.

2. Though the petitioner had filed a petition for anticipatory bail earlier, it was withdrawn and not decided on merit. Taking into consideration the allegation against the present petitioner, who is the husband of the informant regarding her incapacity to consummate the marriage and in view of the fact that charge-sheet has already been filed, it is directed that the petitioner shall surrender before the learned ACJM, Alipore, South 24 Parganas, in G.R. No.022 of 2020 arising out of the aforesaid P.S. case within 15 days from today. On his surrender and application for bail, he 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.

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

4. The application being CRM(A) 3750 of 2023 is disposed of.

5. 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.)