Basir Sk And ORS v. State Of West Bengal

20.09.2022 Serial no.20 Aloke CRM (A) 4490 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bharatpur Police Station Case No. 144 of 2022 dated 09.05.2022 under Sections 498A/325/307/313/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

-AndIn the matter of : Basir Sk & Ors.

... ... Petitioners Ms. Rajlakshmi Ghatak, Advocate Mr. Manas Kr.Das, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, ld. APP Mr. Santanu Chatterjee, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the husband was granted bail by the jurisdictional Court. Learned Advocate appearing for the State draws the attention to the materials in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure.

The police complaint was lodged apparently, after 12 years of marriage. The husband was enlarged on bail by the jurisdictional Court.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner no. 1 shall meet the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2, 3 and 4 will cooperate with the investigation till the

conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4490 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)