Madhai Basak And ORS. v. State Of West Bengal

25.01.2024 Item No.428 Ct. No. 29 PG/KS Allowed C.R.M.(A) 5144 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manickchak Police Station Case No.910 of 2023 dated 28.10.2023 under Sections 498A/ 306/ 34 of the Indian Penal Code. And In the matter of : Madhai Basak & Ors.

......Petitioners.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ....for the Petitioners.

Mr. Ranabir Roy Chowdhury Ms. Purnima Ghosh ....for the State.

C.R.M (A) 5144 of 2023 is dismissed as infructuous for the petitioner no.5, as he was arrested.

Victim apparently committed suicide in the matrimonial home.

The allegations appeared to be omnibus and general in nature.

In such circumstances, we grant anticipatory bail to the petitioners. Husband was arrested and enlarged on bail by the jurisdictional Court.

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 be 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 to 4 and 8 will report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos.3, 6 and 7 will cooperate with the investigation and on condition that the petitioner nos.1 to 4 and 8 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.

This application for anticipatory bail is, thus, allowed. C.R.M.(A) 5144 of 2023 is disposed of.

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