Calcutta High CourtCRM (A)/4113/2023allowed

Abdul Rashid Mondal v. State Of West Bengal

2023-10-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4113 of 2023 11.10.2023 ML. 24 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Matia Police Station Case No. 133 of 2023 dated 23.03.2023 under Sections 498A/304B/306/406/34 IPC and Section 4 of the DP Act (corresponding to G.R. Case No. 1116 of 2023, pending before the Learned CJM, Basirhat, North 24 Parganas). And In the matter of: Abdul Rashid Mondal ....petitioner.

Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ...for the petitioner.

Mr. Bidyut Kr. Roy Ms. Rita Datta ... for the State.

1. Heard learned Counsel for the parties.

2. The present petitioner is the father-in-law of the deceased who had committed suicide within five years of her marriage.

3. Admittedly, the husband of the deceased who is an accused in this case has been enlarged on bail under Section 439 Cr.P.C. by a co-ordinate Bench. Investigation has been completed and the charge-sheet has been submitted.

4. From the statement of the witnesses as recorded under Section 161 Cr.P.C., we find omnibus allegation against the present petitioner regarding the infliction of torture on account of additional demand of dowry.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief

Judicial Magistrate, Basirhat, North 24 Parganas, in G.R. Case No. 1116 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail, he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

7. The application being CRM (A) 4113 of 2023 is disposed of.

8. Learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas, is hereby directed to act upon the server copy of this order, if required.

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