Munmun Paul @ Mampi Paul And ORS. v. State Of West Bengal

19.10.2020 Item No.23 Ct.No.11 dc.

Allowed C.R.M. 7671 of 2020 (Through Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jagaddal P.S. Case No. 614 of 2020 dated 21.09.2020 under Sections 498A/304B of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act, 1961. And In the matter of : Munmun Paul @ Mampi Paul & Ors. ... Petitioners.

Mr. Koustav Bagchi ... For the Petitioners.

Mr. Partha Pratim Das, Mrs. Manasi Roy ... For the State.

Petitioners undertake 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.

It is submitted by the learned advocate appearing for the petitioners that the petitioner no.1 is the married sisterin-law, the petitioner no.2 is the husband of the petitioner no.1 and the petitioner nos. 3 and 4 are the maternal aunts of the deceased. Learned advocate for the petitioners further submits that all the petitioners reside separately and they are in no way connected with the suicide committed by the deceased.

Learned advocate appearing for the State opposes the prayer for anticipatory bail, but he did not deny the

submissions made by the learned advocate for the petitioners that the petitioners are residing separately. Considering the submissions advanced on behalf of the learned advocates appearing for the parties and after perusing the fact that the petitioners are residing separately though husband is still absconding, we are of the opinion that custodial interrogation of the petitioners is not necessary. Hence, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioner no.1 (Munmun Paul @ Mampi Paul), petitioner no.2 (Goutam Paul @ Bhola Paul @ Bhoja Paul), petitioner no.3 (Chhaya Sarkar @ Chhaya Das) and petitioner no. 4 (Tara Sarkar @ Tara Roy) shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and on condition that they shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 7671 of 2020 is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the necessary formalities.

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