Calcutta High CourtCRM (A)/4221/2023allowed

Nobin Barman And ORS. v. State Of West Bengal

2023-10-16Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4221 of 2023 16.10.2023 SL. 29 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliyaganj Police Station Case No. 175 of 2023 dated 08.05.2023 under Sections 498A/302/34 IPC and Section 3/4 of the DP Act (corresponding to G.R. Case No. 958 of 2023, pending before the Learned CJM, Raiganj, Uttar Dinajpur).

And In the matter of: Nobin Barman & Ors.

....petitioners.

Mr. Kunal Ganguly ...for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra Ms. Jonaki Saha ... for the State.

1. Leave is granted to the learned Counsel for the petitioners to amend the cause title in Court today.

2. Heard learned Counsel for the parties.

3. The present petitioners are the parents-in-law and brother-inlaw of the deceased lady.

4. Though the case has been started under Sections 498A/302/34 IPC however, on completion of the investigation, charge-sheet has been submitted under Sections 498A/304B/34 IPC read with Sections 3/4 D. P. Act against the present petitioners.

5. Since the investigation has been completed, we find no necessity of custodial interrogation of the present petitioners. The husband of the deceased is stated to have been released on regular bail in the meantime.

6. Regard being had to such facts and submissions, factum of

permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur, in G.R. Case No. 958 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On their appearance and application for bail, they shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

8. The application being CRM (A) 4221 of 2023 is disposed of.

9. Learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur, is hereby directed to act upon the server copy of this order, if required.

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