Mohitosh Biswas @ Babu And ANR v. State Of West Bengal

07.12.2020 Court No.28 SL No.93 AP CRM 9906 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Narendrapur P.S. Case No.511 of dated 20.06.2020 under Sections 498A/307/326 of the Indian Penal Code and Sections 3/4 of the D.P. Act and adding Section 304B of the Indian Penal Code. And In the matter of: Mohitosh Biswas @ Babu and Anr. ....Petitioners.

Mr. Anirban Dutta, Mr. Sayantan Sinha ...for the Petitioners.

Mr. Binay Panda, Mr. Subham Bhakat ...for the State.

It is submitted on behalf of the petitioners that they are in-laws of the victim housewife and they are residing separately. They do not play any role in the matrimonial life of the couple. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim was tortured over demand of dowry and suffered unnatural death within two years of marriage. We have considered the materials on record. Allegations against the petitioners are general and omnibus. That apart, the allegations are to be assessed in the light of the submission that they are ordinarily not residing at the matrimonial home of the deceased housewife. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners 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, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)