Mahitosh Patra And ORS v. State Of West Bengal

02.01.2024 Item No.35 Ct. No. 29 CHC Allowed C.R.M.(A) 4249 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Egra Police Station F.I.R. No. 480 of 2023 dated 18.06.2023 under Sections 498A/306/34 of the Indian Penal Code. And In the matter of : Mahitosh Patra & ors.

...... petitioners Mr. Sayantan Hazra ....for the petitioners Mr. Tanmoy Kr. Ghosh, Ld. S.G.A Ms. Sonali Bhar ....for the State The petition is taken up for consideration subsequent to the order dated October 16, 2023.

Petitioners were enlarged on interim anticipatory bail by such order.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of ensuing Puja Vacation.

We perused the materials in the Case Diary.

Husband of the victim was granted bail by the jurisdictional Court.

Police filed charge-sheet.

The petitioners before us are parents-in-law, brother-inlaw and his wife.

The complicity of the petitioners in the abetment to commit suicide and the torture if any meted out to the victim are subject-matter of trial.

In such circumstances, we confirm the interim anticipatory bail granted on October 16, 2023. Accordingly, we direct that in the event of arrest the petitioners shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 4249 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)