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Calcutta High CourtCRM/320/2020allowed

Gopal Das And ANR v. The State Of West Bengal

2020-08-172 pages

17.08.2020 Ct No. 11 Sc / P.M. CRM 5580 of 2020 with CRAN 3938 of 2020 (Via Video Conference) In re : An application under Section 438 of the Code of Criminal Procedure filed on 04.08.2020 in connection with Jalpaiguri Women P.S. Case No. 62 of 2020 dated 23.06.2020 under Sections 498A/304B/306/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

In the matter of : Gopal Das & Anr.

..... Petitioners Mr. Sudip Guha ........for the Petitioners Mr. Aditi Shankar Chakraborty, Mr. Sagnik Sikdar ....... for the State The petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. The petition is taken up for hearing through video conference on the basis of such undertaking. The petitioners are the parents-in-law of the deceased in a case under Section 498A/304B/306/34 of the Indian Penal Code. It is found from the memo of evidence that the victim committed suicide after six years of marriage. The memo of evidence does not show any

incriminating material against the petitioners. The husband of the deceased is in custody. Therefore, considering the materials on record we do not find any reason for custodial interrogation of the petitioners. Accordingly the prayer for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each together with two sureties of like amount each, one of whom each must be local, to the satisfaction of the arresting officer subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Accordingly, CRM 5580 of 2020 and CRAN 3938 of 2020 are disposed of.

(Bibek Chaudhuri, J.) (Samapti Chatterjee, J.)