Subin Barman And ANR v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

28.01.2020 RP/ct 1 C.R.M. 109 of 2020 sl no. 25 Allowed In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 22.01.2020 in connection with Sitalkuchi P.S. Case No.111 of 2019 dated 09.05.2019 under sections 498A/304B/34 of Indian Penal Code.

And In Re : Subin Barman & Anr. .... applicants Mr. Arnab Saha Mr. Samir Das ...... for applicant Mr. Kallol Acharjee Mr. Tapan Bhattacharjee .......for State This application for anticipatory bail is by parents-in-law of victim. Mr. Saha, learned advocate appears on behalf of applicants and submits, his clients apprehend arrest in connection with Sitalkuchi P.S. Case no.111 of 2019 dated 09.05.2019 under sections 498A/304B/34 of Indian Penal Code. Their son, principal accused, has been enlarged on bail. Charge sheet has been filed. Mr. Bhattacharjee, learned advocate appears on behalf of State and hands up the case diary. He submits, there are statements made by close neighbours under section 161 of Code of Criminal Procedure, 1973. Page 46 is the postmortem report. We have considered materials in the case diary. Since charge sheet has been filed, principal accused enlarged on bail and applicants not arrested till now, we are inclined and do grant anticipatory bail to applicants.

Applicants, in event of arrest, shall be released on anticipatory bail by furnishing bond of Rs.10,000/- (Rupees TenThousand only) each with two sureties of Rs.5,000/- (Rupees Fivethousand only) each, one of whom must be local, having landed property, to the satisfaction of Arresting Officer and shall be subject to the condition, as in section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that applicants shall surrender before the Court below and obtain regular bail within a fortnight from date of this order.

The application for anticipatory bail is allowed. (Arindam Sinha, J.) (Biswajit Basu, J)