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Calcutta High CourtCRM (A)/3918/2023allowed

Krishnapada Das And ORS v. State Of West Bengal

2023-09-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

08.09.2023 tkm/ct 28 C.R.M. (A) 3918 of 2023 spl no. 72 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chakdaha P.S case no. 279 of 2023 dated 5.5.2023 under sections 498A/306/34 IPC And Allowed In Re : Krishnapada Das & Ors.

...... petitioners Mr. S K Das Ms. R Sreemani ...... for the petitioners Mr. Pravas Bhattaharya Ms. Kum Kum Mitra ...... for the State 1.

Petitioners are the in-laws of the victim housewife. It is contended incident occurred eight years after marriage. Victim housewife and her husband reside separately from the in-laws. They pray for anticipatory bail.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail.

3.

We have considered materials on record. Allegations are general and omnibus. It is contended victim housewife and her husband used to reside separately from the in-laws i.e the petitioners. Husband has been enlarged on regular bail. 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) 3918 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)