Kalpana Bansari v. State Of West Bengal

rkd 20.11.2020 Ct. No.03 (P. Allowed) C.R.M. 9079 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pursurah P.S. Case No. 80 of 2020 dated 12/05/2020 under Section 498A/304B/406/34 of the Indian Penal Code.

And In the matter of: Kalpana Bansari & Ors.

....petitioners.

Mr. N. S. Ghosh ...for the petitioners.

Mr. N. P. Agarwala, Ms. S. Patel ...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 conference. Having considered the materials in the case diary and bearing in mind the prima facie involvement of the petitioner nos. 2 to 4 in subjecting the victim lady to torture resulting in her unnatural death within three years of marriage, we are not inclined to grant anticipatory bail to them. However, keeping in mind the extent of complicity of petitioner no.1 i.e. married sister-in-law of the victim housewife in the alleged crime and as she did not ordinarily reside at the matrimonial home of the victim, we are inclined to grant anticipatory bail to her. In the event of arrest, the petitioner no.1 shall be released on bail upon furnishing a Bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)