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Calcutta High CourtCRM/9392/2020allowed

Basanti Das @Basanti Bala Das And Another v. State Of West Bengal

2020-11-27Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Kausik Chanda2 pages

27. 11 . 2020 CRM 9392 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Chakulia Police Station Case No. 307 of 2020 dated 08.10.2020 under Sections 498A/307 of the Indian Penal Code 1860 read with 3 /4 Dowry Prohibition Act.

BP/BR Sl.23 In the matter of : Basanti Das @ Basanti Bala Das & Anr.......petitioners Mr. Apalak Basu Mr. Amit Biswas Mr. Nazir Ahamed ..for the petitioners.

Mr. S.G. Mukherjee Mr. Anike Mitra ..for the State.

It is submitted by Mr. Amit Biswas, learned advocate for the petitioners that the petitioners are falsely implicated in the present case. He submits that the husband is the principal accused and the petitioners are the mother-in-law and the sister-inlaw. They should be granted anticipatory bail. Learned advocate for the State opposes the prayer for bail and produces the case diary. He submits that the husband is the principal accused who used to torture upon the wife. He further submits

that the investigation is going on.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the case diary, in our considered view, the petitioners should be granted anticipatory bail. Accordingly, we allow the prayer for anticipatory bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, to the satisfaction of the arresting officer of the case.

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 C.R.M. 9392 of 2020 is disposed of.

(Samapti Chatterjee, J. ) (Kausik Chanda, J.)