Sukumar Bag v. State Of West Bengal

CRM 7319 of 2020 30.09.2020 With CRAN 1 of 2020 Court No.16 Item No.24 (ALLOWED) In Re:- An application for bail under section 438 of the Code of Criminal Procedure filed on 21.09.2020 in connection with Indas Police Station Case No. 112 of 2020 dated 18.07.2020 under Section 498A of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act (G.R. Case No. 384 of 2020). akd And In the matter of : Sukumar Bag & Ors.

...Petitioners

Mr. Suman Chakraborty.

...For the Petitioners.

Mr. Narayan Prasad Agarwala, Ms. Subhashree 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 conference.

The application being CRAN 01 of 2020 is accordingly disposed of.

It is submitted by the learned Advocate for the petitioners that they have been falsely implicated in the instant case encashing a matrimonial dispute with the aid of Section 156 (3) of the Code of Criminal Procedure. The learned Additional Public Prosecutor opposes the prayer for anticipatory bail.

Having heard the learned Advocates of both the parties and bearing in mind the materials available in the case diary, we are inclined to grant anticipatory bail to the petitioners, who are the husband and in-laws members of the de facto complainant/wife.

Accordingly, we direct that in the event of arrest the petitioners, namely Sukumar Bag, Khokan Bag, Smt.

Sandhya Bag, Smt. Mamata Bag and Smt. Bela Dhara shall be released on bail subject to furnishing a bond of Rs.5,000/- (Rupees five thousand) each with two sureties of like amount each to the satisfaction of the arresting officer and subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

The application for bail, being CRM 7319 of 2020, is thus Allowed.

(Subhasis Dasgupta, J) (Harish Tandon, J)