Calcutta High CourtCRM (A)/3971/2023allowed

Barid Prasad Dakal @ Barid Baran Dakal @ Barid Dokal And ANR v. State Of West Bengal

2023-10-03Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

03.10.2023 D/L 40 Ct. No.29 (Allowed) (SKB) CRM (A) 3971 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Pursurah P. S. Case No.162 of 2023 dated 17.07.2023 under Sections 498(A)/302/304(B) of the Indian Penal Code corresponding to G.R. Case No.1060 of 2023.

In the matter of : Barid Prasad Dakal @ Barid Baran Dakal @ Barid Dokal and another ... Petitioners Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Mr. Sourov Mondal, Ms. Labani Sikder ... for the petitioners Mr. Saswata Gopal Mukherji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard learned counsel for the parties.

2. The petitioners are stated to be the parents-in-law of the deceased who, admittedly, had committed suicide and at that time she was also pregnant. So far as present petitioners are concerned, there are allegations to the effect that the petitioners along with other family members tortured the deceased for fulfilment of additional demand of dowry but such allegations are, prima facie, omnibus in nature.

3. 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 G.R. Case No.1060 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3971 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)