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Calcutta High CourtCRM/11183/2020allowed

Kulson Bewa @ Kulsan Bewa And ORS. v. State Of West Bengal

2021-03-12Hon'Ble Justice Arindam Sinha,Hon'Ble Justice Suvra Ghosh3 pages

12.03.2021 Item no. 119 Ct.04 PG C.R.M. No.11183 of 2020 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Daulatabad Police Station Case No. 196 of 2020 dated 11.09.2020 under Sections 498A/304B/34 of the Indian Penal Code. And In the matter of:- Kulson Bewa @ Kulsan Bewa & Ors. .....petitioners Mr. Ali Ahsan Alamgir .. for the petitioners Mr. Saibal Bapuli Mr. Arani Bhattacharya Mr. Bibaswan Bhattacharya...for the State The present application under section 438 of the Code of Criminal Procedure filed at the instance of Kulson Bewa @ Kulsan Bewa and others is taken up for hearing and order. It is submitted on behalf of the petitioners that the petitioners are the members of the family of the husband of the victim and are innocent. The husband, who is the principal accused has been granted bail. Charge sheet has been submitted. State opposes the prayer for anticipatory bail and refers to the case diary.

It appears that the victim committed suicide in her matrimonial home within six months of her marriage. The husband has been granted bail earlier. The petitioners are the members of the husband's family and allegation against them are

general and omnibus. Charge sheet has been submitted. Having considered the materials in the case diary, we are of the opinion that detention of the petitioners is not required for the purpose of investigation.

Accordingly, we direct that in the event of arrest the petitioners shall be released on anticipatory bail upon furnishing 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, accordingly, allowed. (Arindam Sinha, J.) (Suvra Ghosh, J.)