Mukunda Das And ORS v. State Of West Bengal

10.12.2020 Court No.28 SL No.88 AP CRM 10191 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bongaon P.S. Case No.639 of 2020 dated 31st October, 2020 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

And In the matter of: Mukunda Das & Ors.

....Petitioners.

Mr. Mrinal Kanti Mukherjee ...for the Petitioners.

Mr. Saibal Bapuli, Ld. A.P.P., Mr. Arani Bhattacharyya ...for the State.

It is submitted on behalf of the petitioners that the victim housewife committed suicide at her parent's house and the husband of the deceased is in custody.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegations of torture against the petitioners are general and omnibus in nature. It is relevant to note that the victim housewife committed suicide at her parental residence. In view of the aforesaid facts and as the principal accused i.e. husband of the deceased is in custody, 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.)