Jiban Das And ORS v. State Of West Bengal

17.12.2020 Sl. No.129 akd [ALLOWED] C. R. M. 9244 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haldibari Police Station Case No.136 of 2020 dated 12.10.2020 under Sections 498A/325/326/307 of the Indian Penal Code.

And In Re: Jiban Das & Ors.

... ... Petitioners Mr. Debajit Kundu .. Advocate ... ... for the petitioners Mr. Nilay Chakraborty .. Advocate Ms. Namrata Das .. Advocate ... ... for the State It is submitted on behalf of the petitioners that they are not the principal accused. It is further submitted that the petitioners are the inlaws of the victim-housewife. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of allegations and in view of the extent of complicity of the petitioners in the alleged crime, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Jiban Das, (2) Tinku Das @ Munki Das & (3) Jayashree Das @ Mou Das Biswas, 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.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)