Calcutta High CourtCRM/6904/2020allowed

Nripen Biswas And ORS v. State Of West Bengal

2020-11-17Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Tirthankar Ghosh2 pages

17.11.2020 Item No. 09 k.b./b.r.

allowed Crt.11 C.R.M. 6904 of 2020 CRAN 1 of 2020 (via video conference) In Re:- An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No. 368 of 2020 dated 07.09.2020 under Sections 498A/307/494/34 of the Indian Penal Code, 1860. And In Re : Nripen Biswas & Ors. ...... petitioners Mr. Asraf Mandal .....for the petitioners.

Mr. Narayan Prasad Agarwala Ms. Subhasree Patel ....for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Learned advocate for the petitioner submits that the petitioner no.1 is the father-in-law. The petitioner no.2 is the mother-in-law. The petitioner no.3 is a relation of the victim. The learned advocate for the petitioner further submits Susanta Biswas who is the husband of the victim has been extended the privilege of the anticipatory bail in CRM 7090 of 2020. The learned advocate for the State opposes the prayer for anticipatory bail.

We have taken into account the materials of the case including the Case Diary and the order passed by the Coordinate Bench on 28.09.2020 in CRM 7090 of 2020 and having regard to the fact we are of the opinion that the custodial detention of the petitioners are not necessary Accordingly, we direct that in the event of arrest the petitioners, viz., Nripen Biswas-petitioner no.1, Chanarani Biswas @ Chhana Biswas- petitioner no.2 and Aruna Sarkarpetitioner no.3 will be released on bail upon furnishing a bond of Rs.10,000/- (Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, allowed. CRM 6904 of 2020 with CRAN 1 of 2020 stand thus disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Subrata Talukdar, J.)