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Calcutta High CourtCRM (A)/4716/2023allowed

Rinku Sasmal Manna And ORS. v. State Of West Bengal

2023-11-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

30.11.2023 sdas Allowed C.R.M.(A) 4716 of 2023 In Re.: An application under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 509 of 2023 dated 13.05.2023 under Sections 498A/304B/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

And In Re : Rinku Sasmal Manna & Ors. ..... petitioners Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... for the petitioners Mr. Debasish Roy Mr. Aniket Mitra Ms. Jonaki Saha ... for the State

1. It is submitted by the learned Counsel appearing for the petitioners that petitioner nos. 1 and 3 are married sister-inlaw of the victim lady and petitioner nos. 2 and 4 are their husbands respectively. They did not ordinarily reside with the couple. They pray for anticipatory bail.

2. Learned Counsel appearing for the State opposes prayer for anticipatory bail and submits victim lady committed suicide within four months of marriage.

3. We have considered the materials on record. Allegations against the petitioners are general and omnibus. They did not ordinarily reside with the couple. Investigation is complete. Keeping in mind the extent of complicity of the

petitioners in the alleged crime and as there is no chance of abscondence, we are inclined to grant anticipatory bail to them.

4. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 condition that they shall appear before the court below and pray for regular bail within a period of four weeks from date.

5. Accordingly application for anticipatory bail is allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)