← Library
Calcutta High CourtCRM/9029/2020allowed

Rama Kundu v. State Of West Bengal

2020-11-12Hon'Ble Justice Shivakant Prasad,Hon'Ble Justice Tirthankar Ghosh2 pages

12.11.2020 Sl. No.67 Ct. no.8 PP/BM CRM 9029 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Bantra Police Station case No.182 of 2020 dated 12.10.2020 (GR Case No. 4490 of 2020) under Sections 498A/406/323/325 of the Indian Penal Code. And In the matter of : Mrs. Rama Kundu & Anr.

... Petitioners Mr. Ajit Kumar Mishra Mr. Saikat Basu ... for the petitioners Mr. B. K. Roy Mr. Rita Dutta ... for the State The learned advocate for the petitioners submits that the petitioner no.1 is the mother in law and the petitioner no.2 is the father in law of the complainant. The learned advocate for the petitioner further submits that having regard to the allegations made by the complainant the custodial detention of the petitioner is not warranted.

The learned advocate for the State produces the case diary. We have perused the materials on record including the case diary and on assessment of the same, we are of the opinion that the custodial detention of the petitioners are not warranted. Accordingly, prayer for anticipatory bail are 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) each with two sureties of like amount each one of whom must be

local, to the satisfaction of the arresting officer of the case, subject to the condition not to intimidate the witnesses. The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The application for anticipatory bail being CRM 9029 of 2020 is disposed of.

(Tirthankar Ghosh, J ) (Shivakant Prasad, J. )