Premlal Mandal And ORS. v. The State Of West Bengal

02.02.2024 Item No.56 Ct. No. 29 CHC Allowed C.R.M.(A) 5434 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No. 377/2023 dated 04.11.2023 under Sections 498A/354/307 of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Dowry Prohibition Act, 1961. And In the matter of : Premlal Mandal & ors.

...... petitioners Mr. Avinaba Patra ....for the petitioners Mr. Sanjoy Bardhan, Mr. Asif Dewan ....for the State Petitioners pray for anticipatory bail.

In an incident of assault, apparently, one injured suffered bruise on the left wrist with another suffering bruises. Considering the nature of the injury and involvement of the petitioners in the incident, we grant anticipatory bail to the petitioners.

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 no.1, namely, Premlal Mandal, petitioner no.2, namely, Bapan Mandal, petitioner no.5, namely, Chandi Mandal and petitioner no.6, namely, Suday Mandal @ Gopal Mandal will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.3, namely, Gita Mandal and petitioner no.4, namely, Kamana Mandal will cooperate with the investigation and on condition that the petitioners 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. CRM(A) 5434 of 2023 is disposed of.

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