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Calcutta High CourtCRM (A)/4695/2023allowed

Abdul Mannan @ Mannan And ANR. v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4695 of 2023 08.01.2024 ML.106 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karandighi Police Station Case No. 449 of 2021 dated 18.09.2021 under Sections 498A/304B/34 of the Indian Penal Code, 1860 and Sections 3/4 of Dowry Prohibition Act (G.R. Case No.2423 of 2021).

And In the matter of: Abdul Mannan @ Mannan & Anr. ....petitioners.

Ms. Minoti Gomes ...for the petitioners.

Mr. Biudyut Kr. Roy Ms. Rita Datta ...for the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023. By such order, the petitioners were enlarged on interim anticipatory bail by the Coordinate Bench.

It is submitted at the bar that such prayer for interim anticipatory bail was granted without considering the materials in the case diary and just prior to the ensuing puja vacation. We perused the materials in the case diary.

Husband was enlarged on bail by the jurisdictional Court. The petitioners before us are the in-laws of the victim. Apparently, the victim committed suicide.

The allegations are primarily directed against the husband of the victim. The allegations as against the petitioners are concerned, appears to be omnibus and general in nature.

Police filed charge sheet.

In such circumstances, we confirm the interim order dated October 17, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 4695 of 2023 is disposed of.

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