Sk Abdul Sattar And ORS v. State Of West Bengal

C.R.M. (A) 6058 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panskura P.S. Case No.687 of 2022 dated 21/10/2022 under Sections 498A/306/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

And In the matter of: Sk. Abdul Sattar & Ors.

....petitioners.

Mr. Suman De ...for the petitioners.

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

Petitioners pray for anticipatory bail.

(AD) 02.01.2023 Court No.29 (Allowed) Learned Advocate appearing for the petitioners submits that there was a delay in the lodgment of the first information report. The police complaint was lodged nine years after the marriage.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the post-mortem report of the victim and the statements of the neighbours recorded under Section 161 of the Code of Criminal Procedure.

Apparently, the victim committed suicide.

The statements of the neighbours are omnibus and general in nature.

In such circumstances, 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 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.1,2,3,4 and 6 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos.5 and 7 will cooperate with the investigation till the conclusion of 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. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 6058 of 2022 is disposed of.

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