Kshudiram Halder And ANR v. The State Of West Bengal

13.10.2022.

NB/sws.m (Partly Allow).

C.R.M. (A) 4913 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Krishnaganj P. S. Case No.288 of 2022 dated 06.08.2022 under Sections 498A/325/313/406/354A/34 of the Indian Penal Code. In the matter of : Kshudiram Haldar & Anr.

... Petitioners.

Mr. Kushal Kumar Mukherjee, Mr. Surojit Basu.

...for the Petitioners.

Mr. Joydeep Roy, Mr. Amanul Islam.

.....for the State.

Heard learned lawyers appearing for the parties. We have considered the materials on record. Allegation of outraging of modesty is against the petitioner no.1/father in law of the victim housewife. Keeping in mind the prima facie involvement of the petitioner no.1 in the offence, we are not inclined to grant anticipatory bail to him.

However, in view of the extent of complicity of the petitioner no.2/mother in law in the crime, we are of the opinion that she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner no.2 shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.2 shall appear before the trial court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, disposed of. (Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)