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Calcutta High CourtCRM/6981/2020allowed

Surajit Poddar v. State Of West Bengal

2020-10-21Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Arijit Banerjee2 pages

(supple.) 21.10.2020 rrc CRM 6981 of 2020 with IA No. CRAN 2 of 2020 (Via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malda P.S. Case No. 486 of 2020 dated 06.09.2020 under Sections 498A/323/325/308/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Surajit Poddar & Ors.

..... petitioners Mr. B. Bhattacharya ....For the petitioners Mr. S. S. Imam Mr. Subrato Roy .....For the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The first petitioner is the husband of the de-facto complainant. The other petitioners are close relatives of such husband.

According to the petitioners, a minor tiff with the first petitioner's wife has resulted in an exaggerated complaint being filed, alleging an attempt to murder the alleged survivor. The State produces the case diary. There does not appear to be any report of any injury, far less of any serious injury. Considering the circumstances, the immediate detention of the petitioners may not be necessary.

In the event of arrest, the petitioners will be enlarged on bail upon furnishing a bond of Rs.20,000/- (Rupees twenty thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will also comply with the conditions laid down in Section 438(2) of the Code and not attempt to make any contact with the victim till after conclusion of the trial. The first petitioner should make all attempts to provide for the maintenance of his wife and minor child.

CRM 6891 of 2020 and CRAN 2 of 2020 therein are disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)