Subhankar Ghosal And ORS v. State Of West Bengal

29.12.2020 rrc CRM 11262 of 2020 (via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shibpur PS Case No. 350 of 2020 dated 03.12.2020 under Sections 498A/406 of the Indian Penal Code.

In the matter of : Subhankar Ghosal & Ors.

..... petitioners Mr. Bikash Ranjan Bhattacharya Ms. Sayanti Sengupta ....For the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan .....For the State The petitioners are the husband, the father-in-law and the mother-in-law of a lady, who left her matrimonial home in August, 2020 following which certain charges were levelled by her on 5th October, 2020 against the petitioners. The records indicate that the complainant lady was married to the first petitioner in December, 2019 and at the time of marriage, certain Streedhan articles were given to the petitioners herein. Learned counsel for the petitioners submits that no specific allegations have been made against of the petitioners with regard to causing any offence against the complainant. Records reveal that the complainant lady was compelled to leave her matrimonial home on being tortured. The allegations are general in nature.

On considering the material on record, it is found that there are no specific allegations which have been levelled against the petitioners. Since the complainant has mentioned specific

articles which were given to the petitioners as Streedhan at the time of marriage, the first petitioner (the husband) is directed to return the articles specified in paragraph 2 of the complaint to the Shibpur Police Station within a week from date. The Officerin-Charge of the concerned police station will keep the articles in safe custody and return them to the complainant upon notice to the petitioners.

By reason of the above, we are inclined to allow the application for anticipatory bail.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each of like amount to the satisfaction of the arresting officer. The petitioners shall be subject to the conditions under Section 438(2) of the Code of Criminal Procedure CRM 11262 of 2020 is disposed of in terms of this order. (Kausik Chanda, J.) (Moushumi Bhattacharya, J.)