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Calcutta High CourtCRM (A)/4335/2023allowed

Gouri Majumder (Bala) And ORS. v. State Of West Bengal

2023-10-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

09.10.2023 Sl. No.6 [ALLOWED] as C. R. M. (A) 4335 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Krishnanagar Women Police Station Case No. 81 of 2023 dated 08.08.2023 under Sections 498(A)/323/325/307/406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

In Re: Gouri Majumder (Bala) & Ors.

... ... Petitioners Mr. Asraf Mandal.

... ... for the petitioners Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Aniket Mitra, Ms. Jonaki Saha.

... ... for the State 1.

Petitioners submit there was a matrimonial dispute. They submit they have been falsely implicated. Allegation of physical assault is out and out false. They pray for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail. He submits incident occurred within one month of marriage.

3.

We have considered the materials on record. Allegations of torture are general and omnibus. Injuries are simple in nature. 4.

Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary but they require to cooperate with the investigation in accordance with law. 5.

Accordingly, we direct that in the event of arrest, the petitioners 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and they shall appear before the court below and pray for regular bail within four weeks from date and on further condition that the petitioner No.2 shall meet the Investigating Officer once in a week until further orders.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)