Calcutta High CourtCRM (A)/3864/2023allowed

Sujan Sk And ORS v. State Of West Bengal

2023-12-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3864 of 2023 11.12.2023 SL. 17 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Murutia Police Station Case No. 238 of 2023 dated 16.08.2023 under Sections 302/34 of the IPC.

And In the matter of: Sujan Sk. & Ors.

....petitioners.

Mr. Asraf Mondal Mr. Gobinda Chandra baidya ...for the petitioners.

Mr. S. S. Imam Mr. R. Jana ...for the State.

1. Heard learned Advocate for both the parties.

2. The petitioner No. 4 is the daughter-in-law of the deceased and petitioner Nos. 1, 2 and 3 are the relatives of petitioner No. 4 from her paternal side. The postmortem report is indicative of suicidal death from the dimension of the ligature mark (prima facie). There is nothing on record regarding specific overt acts by the petitioners so far as charge under Section 302 IPC is concerned.

3. The report submitted by the I.O. in Court today be taken on record.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence 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 aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioners are directed to appear before the

I.O. as when called for on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

8. The application being CRM (A) 3864 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)