Feluram Mondal And ORS v. State Of West Bengal

11.12.2020.

as (Partly Allowed) C.R.M. 10240 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul P.S. Case No.224 of 2020 dated 12.09.2020 under Sections 498A/406/323/325/379/313/34.

In the matter of : Feluram Mondal & Ors.

... Petitioners.

Mr. Pintu Karar.

...for the Petitioners.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Aniket Mitra.

.....for the State.

Heard the learned Advocates appearing for the parties. We have considered the materials on record. Statement of the victim lady as well as the medical papers show that the petitioner no.1 kicked her in the belly resulting in abortion. Hence, we are not inclined to grant anticipatory bail to the petitioner no.1.

Accordingly, the prayer for anticipatory bail of the petitioner no.1 is rejected.

However, keeping in mind the extent of complicity of the petitioner nos.2 to 4 in the alleged crime, we are inclined to grant anticipatory bail to the petitioner Nos.2 to 4. Accordingly, we direct that in the event of arrest the petitioners, viz., Riya Jana, Srimanta Mondal and Sourav Mondal shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the

satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)