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Calcutta High CourtCRM (A)/4319/2023allowed

Bechi Majhi And ORS. v. State Of West Bengal

2023-11-20Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4319 of 2023 20.11.2023 SL. 27 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jagatballavpur Police Station Case No. 19 of 2023 dated 28.01.2023 under Sections 498A/302/34 IPC (corresponding to G.R. Case No. 408 of 2023, pending before the Learned CJM, Howrah).

And In the matter of: Bechi Majhi & Ors.

....petitioners.

Mr. Ashok Das Mr. Sourav Mukherjee ...for the petitioners.

Mr. Imran Ali Ms. Debjani Sahu ... for the State.

1. Heard learned Counsel for the parties.

2. The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the brother-in-law, petitioner no. 5 is the married sister-in-law and the petitioner nos. 3 and 4 are the son and daughter of the petitioner no. 2.

3. From the materials as placed before us, we do not find any substantive allegation against the present petitioners with regard to the death of the deceased.

4. Investigation is stated to have been completed in the meantime.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Howrah, in G.R. Case No.

408 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.

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

7. The application being CRM (A) 4319 of 2023 is disposed of.

8. Learned Chief Judicial Magistrate, Howrah, is hereby directed to act upon the server copy of this order, if required. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)