Najbul Mandal And ORS v. State Of West Bengal

09.01.2024 Item No.189 Ct. No. 29 CHC Allowed C.R.M.(A) 4613 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gopalnagar Police Station Case No. 582 of 2023 dated 15.09.2023 under Sections 498A/306 of the Indian Penal Code, 1860. And In the matter of : Najbul Mandal & ors.

...... petitioners Mr. Arnab Chatterjee ....for the petitioners Mr. Avishek Sinha ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by a coordinate Bench. By such order, coordinate Bench granted interim anticipatory bail to the petitioners.

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

We perused the materials in the Case Diary.

Apparently, the victim committed suicide as transpiring from the Post Mortem Report.

Apparently, the husband of the victim took the victim to the hospital.

The first police complaint was lodged 15 years after marriage. Allegations are omnibus and general in nature. In such circumstances, we confirm the interim order dated 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 further condition that the petitioner no.1, namely, Najbul Mandal, petitioner no.3, namely, Sariful Mondal will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.2, namely, Jahada Bibi will cooperate with the investigation till the conclusion of the investigation and on further 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) 4613 of 2023 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)