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Calcutta High CourtCRM/10640/2020allowed

Nirmal Das v. State Of West Bengal

2020-12-24Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

C.R.M. 10640 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagawanpur P.S. Case No. 145 of 2020 dated 22/06/2020 under Section 498A/302/34 of the Indian Penal Code.

rkd 24.12.2020 Ct. No.28 (Allowed) And In the matter of: Nirmal Das & Anr.

....petitioners.

Mr. J. N. Chatterjee ...for the petitioners.

Mr. Saswata Gopal Mukherjee, P.P., Mr. A. Mitra ...for the State.

It is submitted on behalf of the petitioners that the incident occurred twenty five years after marriage. Petitioners are the parents-in-law of the victim housewife.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statement of witnesses. Victim implicated her husband in the incident. Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners 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 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.)