Calcutta High CourtCRM (A)/4008/2023allowed

Avijit Pramanik @ Abijit Pramanik v. State Of West Bengal

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

03.10.2023 D/L 74 Ct. No.29 (Allowed) (SKB) CRM (A) 4008 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sankrail P. S. Case No.441 of 2023 dated 11.06.2023 under Sections 498A/325/307/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act (G.R. Case No.2984 of 2023).

In the matter of : Avijit Pramanik @ Abijit Pramanik ... Petitioner Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder ... for the petitioner Mr. D. Chatterjee, Mr. Bibaswan Bhattacharya ... for the State Mr. Ashok Das, Mr. Sourav Mukherjee ... for the defacto complainant

1. Heard learned counsel for the parties.

2. The petitioner is the brother-in-law of the victim wife. From the injury report, it is found that there has been attempt to cause the death of the victim by hanging with a rope and such allegation found support from the medical opinion. The victim has stated something in her statement recorded under Section 164 Cr.P.C. and something more before the Medical Officer in the history of the injury report. The victim before the medical officer has named all the accused persons except the present

petitioner. The main allegation is there against her husband.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the G.R. Case No. 2984 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 petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 4008 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.)