Goutam Let v. State Of West Bengal

C.R.M. (A) 4783 of 2023 10.01.2024 DL.11 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No.19 of 2023 dated 18.01.2023 under Sections 498A/306 of the Indian Penal Code, 1860, [G.R. Case No.96 of 2023].

And In the matter of: Goutam Let ....petitioner.

Mr. Jahangir Hossain ... for the petitioner. Mr. Debasish Roy, Ld. PP Mr. D. Chatterjee Mr. S. Chatterjee ...for the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioner.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

Post-mortem report suggests that the death of the victim was due to the effects of poisoning. Victim was apparently taken to the hospital by the husband.

We made a query to such effect to the Investigating Officer who is present in Court and he answered in the affirmative. The police complaint was lodged nine years after marriage. Two children were born out of the wedlock.

Petitioner before us is the husband.

Considering the two children in the house and considering

the materials in the case diary, we confirm the interim order dated October 17, 2023.

In such circumstances, we confirm the interim order dated October 17, 2023.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a month till the conclusion of the investigation and on 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 4783 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)