Pankaj Roy And ANR. v. State Of West Bengal

13.01.2020 tkm/ct 28 C.R.M. 206 of 2020 sl no. 20 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 7.1.2020 in connection with Jalpaiguri Women P.S case no. 144 of 2019 dated 7.11.2019 under sections 498A/304B/34 of the Indian Penal Code read with section 4 of the DP Act And Allowed In Re : Pankaj Roy & Anr.

...... petitioners Ms. M Dutta Mr. A. Banerjee ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. Aniket Mitra ...... for the State It is submitted on behalf of the petitioners that petitioner no. 1 is the brother in law of the victim housewife and petitioner no. 2 is the wife of petitioner no. 1. They have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. Petitioners are the in-laws of the victim housewife and do not appear to be the principal accused.

Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that 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 and that the petitioners shall appear

before the court below and pray for regular bail within four weeks from date.

The application being CRM 206 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)