Sandhya Banerjee And ORS v. State Of West Bengal

29.09.2023 Sl. No.53 akd [ALLOWED] C. R. M. (A) 4068 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.09.2023 in connection with Adra Police Station Case No. 75 of 2023 dated 23.08.2023 under Sections 498A/325/307/34 of the Indian Penal Code. (G.R. Case No.509 of 2023) And In Re: Sandhya Banerjee & Ors.

... ... Petitioners Mr. Pradip Kumar Kundu ... ... for the petitioners Mr. Abhra Mukherjee Mr. Gautam Banerjee ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Case arises out of a matrimonial dispute. Allegation of assault is not supported by medical evidence. Under such circumstances, we are of the opinion custodial interrogation of the petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely (1) Sandhya Banerjee, (2) Siddheshwar Banerjee @ Siddheswar Banerjee @ Siddheswar Bandyopadhyay & (3) Biplab Banerjee @ Biplab Bandyopadhyay, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)