Calcutta High CourtCRM/7357/2020disposed

Rabi Biswas v. State Of West Bengal

2020-10-092 pages

09.10.2020 Ct. 23 SK/NB C.R.M. 7357 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 Chinsurah Police Station Case No. 218 of 2020 dated 01.08.2020 under Sections 498A/406/307 of the Indian Penal Code, 1860.

And In the matter of : Rabi Biswas & Anr.

..... Petitioners.

Mr. Koustav Bagchi, Mr. Amanul Islam .... for the Petitioners Mr. S. S. Imam, Md. Kutubuddin ...for the State. The petitioners undertake to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The application is at the instance of the father-in-law and the mother-in-law of the complainant.

Learned counsel for the petitioners submit that the allegations are omnibus in nature, the complainant left the matrimonial home voluntarily.

Learned counsel for the State submits that the statement recorded under Section 161 of the Code of Criminal Procedure of the complainant directly implicates the husband and the father-in-law. Having considered the materials on record and the extent of complicity of the petitioners in the commission of the offence, we are of

the view that their custodial interrogation is not necessary. Accordingly, the application for anticipatory bail is allowed. In the event of arrest, the petitioners be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) each together with two sureties of like amount each, one of whom must be local to the satisfaction of the investigating officer of the case and on condition that the petitioner no. 1 shall meet the investigating officer of the case once in a week.

The aforesaid order shall be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. CRM 7357 of 2020 and CRAN 1 of 2020 are disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Soumen Sen, J.) (Saugata Bhattacharyya , J.)