Madan Das And ANR v. The State Of West Bengal

02.03.2022 CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI COURT : 01 ITEM : 51 MATTER : 438 STATUS : ALLOWED CRM (A) 89 of 2022 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on February 7, 2022 in connection with Bhaktinagar Police Station Case No. 640 of 2021 dated 09.06.2021 under Sections 498A/304B/302/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. TRANSCRIBER : nandy And In the matter of: Madan Das & Anr.

...Petitioners

Mr. Debajit Kundu, Advocate ...for the Petitioners Mr. Abhijit Sarkar, Advocate Mr. Sourav Ganguly, Advocate ...for the State Apprehending arrest in connection with Bhaktinagar Police Station Case No. 640 of 2021 dated 09.06.2021 under Sections 498A/304B/302/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act; the petitioners have filed the instant application for anticipatory bail.

Initially the case was registered under Sections 498A/304B/ 302/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act against the petitioners and the husband of the victim lady. In course of hearing, it appears that the husband of the victim lady has been granted bail under Section 439 of the Code of Criminal Procedure.

Our attention is drawn to the chrgesheet submitted by the prosecution wherein all other sections were excluded except Sections 498A/306/34 of the Indian Penal Code. We further peruse the post-mortem report and the findings of the Doctor. Since the husband of the victim lady has been granted bail and chargesheet has been submitted under Sections 498A/306/34 of

the Indian Penal Code, we feel that there is no necessity of custodial interrogation of the petitioners being the father-in-law and mother-in-law of the victim lady.

As such, the prayer for anticipatory bail is allowed. Accordingly, in the event of arrest the petitioners, namely Madan Das & Archana Das @ Sandhya, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the arresting officer and on condition as enshrined under Section 438(2) of the Code of Criminal Procedure and on further condition that the petitioners shall meet the Investigating Officer as and when called for. Any default, will disentitle the petitioners from enjoying the benefit of Section 438 of the Code of Criminal Procedure.

The application being CRM (A) 89 of 2022 is accordingly disposed of.

(Harish Tandon, J) (Rabindranath Samanta, J)