Rajabala Shikdar@Rajbala Shikdar@Rajubala Shikder v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.04.2024 AT JALPAIGURI Court No.01 Item No. 30 Allowed sg CRM (A) 348 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ghoksadanga Police Station Case No. 62 of 2023 dated 18.02.2023 under Sections 498A/304B of the Indian Penal Code. And In Re: Rajabala Shikdar @ Rajbala Shikdar @ Rajubala Shikder. Petitioner Mr. Sandip Kumar Guha For the Petitioner Mr. Abhijit Sarkar Ms. Sukanya Adhikary For the State

1. We have the learned Counsel for the petitioner.

2. On perusal of the entire materials as placed before this Court, it reveals that there is allegation of harassment both mental and physical on account of demand of dowry by the present accused petitioner upon the deceased, who admittedly had committed suicide.

3. Investigation is said to have been completed in the meantime.

4. In view of such, we are inclined to allow to grant anticipatory bail to the present petitioner.

5. Accordingly, we direct that in the event of arrest, the petitioner, Rajabala Shikdar @ Rajbala Shikdar @ Rajubala Shikder shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure to the satisfaction of learned ACJM,

Mathabhanga in connection with Ghoksadanga Police Station Case No. 62 of 2023 dated 18.02.2023.

6. However, we direct the present accused petitioner to appear before the learned Trial Court within a period of fortnight form the date of passing of the order, failing which, the jurisdictional Magistrate shall have the authority to issue fresh non-bailable warrant of arrest against him.

7. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

8. CRM (A) 348 of 2024 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)