Haripada Sashmol And ANR. v. State Of West Bengal

C.R.M. (A) 5057 of 2023 In Re: - An application for anticipatory bail 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 IPC and Section 4 of the Dowry Prohibition Act (corresponding to G.R. Case No. 1532 of 2023, pending before the Learned CJM, Purba Medinipur, Tamluk). And In the matter of: Haripada Sashmol & Anr.

....petitioners.

13.12.2023 SL. 28 Court No. 29 Aloke Mr. Amitabha Karmakar Mr. Arup Kr. Bhowmick ...for the petitioners.

Mr. Debasish Roy Ms. Sreyashee Biswas ... for the State.

1. Heard learned Counsel for the parties.

2. Admittedly, the death of the deceased was suicidal though, we find some incriminating materials as against the present petitioners who are the parents-in-law of the deceased in the statement of the witnesses recorded under Section 161 Cr.P.C. In our considered view those are omnibus in nature.

3. Investigation is stated to have been completed in the meantime.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Purba Medinipur at Tamluk, in G.R. Case No. 1532 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On their

appearance and application for bail, they shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for anticipatory bail is allowed.

6. The application being CRM (A) 5057 of 2023 is disposed of.

7. Learned Chief Judicial Magistrate, Purba Medinipur at Tamluk, is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)