Chunilal Khutia And Aors v. State Of West Bengal

21.10.2020 SL No. 178 ss CRM 8466 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nandigram P.S. Case No.64 of 2019 dated 02.04.2019 under sections 498A/306/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act. And In the matter of: Chunilal Khutia & Ors.

Mr. Anirban Ghosh ... ... for the Petitioners Mr. Aniket Mitra ... ... for the State Having considered the materials on record and bearing in mind the general and omnibus nature of allegations and as the incident occurred 8 years after the marriage and the statutory presumptions under sections 113A/113B of the Evidence Act are not attracted in the facts of the case, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)