Shyamal Tarafder And ORS. v. State Of West Bengal

21.09.2023 M/L 224 Ct. No.29 (Allowed) (SKB) CRM (A) 3832 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Gaighata P. S. Case No.498 of 2023 dated 15.05.2023 under Sections 498A/304B/406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act (G.R. Case No.1456 of 2023).

In the matter of : Shyamal Tarafder and others ... Petitioners Mr. Susnigdho Bhattacharyya, Mr. Shyamal Biswas ... for the petitioners Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard learned advocates for the parties.

2. The petitioners before us are the parents-in-law and sister-in-law of the deceased wife. From the statements of the witnesses as recorded under Section 161 Cr.P.C., we find omnibus allegation of torture and harassment by the present petitioners upon the deceased during her lifetime and during her stay at her matrimonial home.

3. Investigation is stated to have been completed in the meantime.

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

ACJM, Bongaon, North 24 Parganas in G.R. Case No.1456 of 2023 arising out of the aforesaid P.S. case within 30 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) 3832 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.)