Provash Khan v. State Of West Bengal

31.10.2022 Serial no.100 Aloke CRM (A) 4967 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 841 of 2022 dated 08.09.2022 under Sections 498A/302/34 of the Indian Penal Code.

-AndIn the matter of : Provash Khan ... ... Petitioner Mr. S. Bhattacharyya, Advocate ... ... For the Petitioner Mr. Arijit Ganguly, Advocate Ms. Manisha Sharma, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The husband is the petitioner.

The postmortem report of the victim suggests that the victim died consuming corrosive materials. The death occurred at the paternal home of the victim. There are two children born out of wedlock. Both the children are adults.

The death occurred after 35 years of marriage. None of the children recorded any statement as against the petitioner. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court

including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4967 of 2022 is disposed of.

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