Prosadi Das @ Prasadi Das v. State Of West Bengal

05.10.2020 Item No.38 Ct.No.11 P.J & S.M C.R.M. 7378 of 2020 (IA No. C.R.A.N 1 of 2020) (Through Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat P.S. Case No. 266 of 2019 dated 07.09.2019 under Sections 498A/304B/302/34 of IPC read with Section 3/4 of DP Act.

And In the matter of : Prosadi Das @ Prasadi Das ... Petitioner.

Mr. Arnab Saha, .... For the petitioner.

Mr. Madhusudan Sur, Mr. Aniket Mitra, ..... For the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Learned Counsel for the petitioner submits that the husband of the petitioner has already been enlarged on bail from the Court below. The present petitioner is the mother-in -law of the deceased wife.

He further submits that the present petitioner should be granted anticipatory bail.

Mr. Sur, learned advocate for the State opposes the prayer for anticipatory bail and he produces the case diary and draws the Court's attention to the statement of neighbour under Section 161 Cr.PC.

Considering the submission advanced by the learned counsel for the parties and after perusing the case diary, we are inclined to grant anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the investigating officer/arresting officer and shall co-operate with him in course of investigation and on further condition that the petitioner shall not tamper with the evidence or intimidate the witnesses associated with the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

CRM 7378 of 2020 and CRAN 1 of 2020 are thus disposed of.

(Aniruddha Roy, J.) (Samapti Chatterjee, J.)