Shrabanti Dolui And ORS v. State Of West Bengal

C.R.M. (A) 5743 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harwood Point Coastal P.S. Case No.450 of 2022 dated 17/10/2022 under Sections 498A/304B/302/34 of the Indian Penal Code arising out of G.R. No.2583 of 2022.

And In the matter of: Shrabanti Dolui & Ors.

....petitioners.

Mr. Partha Sarathi Mondal ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioners pray for anticipatory bail.

(AD) 12.12.2022 Court No.29 (Partly Allowed) The post-mortem report of the victim suggests that the victim committed suicide.

There are statements of neighbours implicating the third petitioner in assaulting the victim prior to her death on refusal of provide dowry as demanded.

Apparently, the first two petitioners lived separately than the victim.

In such circumstances, we are unable to grant anticipatory bail to the petitioner no.3, namely, Shankari Dolui. Accordingly, the prayer for anticipatory bail of the petitioner no.3, Shankari Dolui, is rejected. So far as the other two petitioners, that is, petitioner no.1, namely, Shrabanti Dolui and petitioner no.2, namely, Shefali Mondal, are concerned, considering the materials in the case diary, we grant them anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner nos. 1 and 2 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 further condition that the petitioner nos.1 and 2 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioner nos.1 and 2 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 nos.1 and 2 in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner nos.1 and 2 is allowed.

C.R.M. (A) 5743 of 2022 is disposed of.

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