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Calcutta High CourtCRM (A)/3897/2023allowed

Ramesh Chandra Sana And ORS. v. State Of West Bengal

2023-09-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

15.09.2023 tkm/ct 28 C.R.M. (A) 3897 of 2023 sl no.48 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Joypur P.S case no. 223 of 2023 dated 24.8.2023 under sections 498A/306/34 IPC and 3 & 4 of the DP Act And Allowed In Re : Ramesh Chandra Sana & Ors.

...... petitioners Mr. A K Adhya ...... for the petitioner Mr. Prasun Dutta Mr. N Dhali ...... for the State

1. Petitioners submit that they are the in-laws of the victim housewife. Victim committed suicide at her parental home. They pray for bail.

2. Learned lawyer for the State submits victim was tortured over demand of dowry and committed suicide.

3. We have considered the materials on record. Victim was married to one Pratap Sana in 2014. She committed suicide at her parental home in 2023. Petitioners are the in-laws of the victim housewife. Allegations of torture are general and omnibus. Possibility of false implication owing to matrimonial discord cannot be ruled out.

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

5. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

6. Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

7. The application being CRM (A) 3897 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)