Rabi Mandal And ORS v. State Of West Bengal

CRM No.10723 of 2020 02.03.21 (S.R.) Sl.144 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Harirampur Police Station Case No.185 of 2020 dated 30.09.2020 under Sections 498(A)/304(B) of the Indian Penal Code, 1860 (G.R. Case No.698 of 2020);

And In re: Rabi Mandal & Ors.

... petitioners.

Ms. Jeenia Rudra Ms. Sahili Dey ... for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld.PP Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

The learned advocate appearing for the petitioners submits that the petitioner no.1 is the brother-in-law, the petitioner no.2 is the sister-in-law, the petitioner no.3 is the brother-in-law and the petitioner no.4 is the mother-in-law of the deceased. The petitioners have been falsely implicated and no overt act has been attributed to them. The principal accused is the husband, who is already in custody. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation of the petitioners is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation of the petitioners is not warranted in the facts and circumstances of this case.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Rabi Mandal, Mallika Mandal, Voto Mondal @ Sufal Mandal

and Jiten Mandal shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, 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.

Accordingly, the application for anticipatory bail being CRM No.10723 of 2020, is allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)