Poltu Let @ Kallol Let And ORS v. State Of West Bengal

25.11.2020 pg.

Allowed CRM 8584 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi P.S. Case No.469 of 2020 dated 14.09.2020 under Sections 498A/304B/306/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In the matter of: Paltu Let @ Kallol Let & Ors. .... Petitioners Ms. Shabana Hasin ... For the Petitioners Mr. Narayan Prasad Agarwal Ms. Subhasree Patel ... For the State The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners are the relatives of the husband of the victim who apparently committed suicide within three years of marriage. The husband of the victim remains arrested.

The State says that there are witness statements to the effect that all the inmates at the in-laws' tortured the victim which, ultimately, drove her to commit suicide. The victim left behind a baby daughter.

The statements of the witnesses relied upon by the State are far too general. Moreover, these petitioners had no direct role in the

unnatural death of the victim. In the event the petitioners are ultimately convicted, they will suffer imprisonment then. There may not be any need to take them into custody at this stage since the charge-sheet has already been filed.

In the event of arrest, the petitioners will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will also abide by the conditions laid down in Section 438(2) of the Code. It is recorded that if any physical harm comes to the daughter of the deceased, an immediate adverse inference will be drawn against the present petitioners.

CRM 8584 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)