Digen Mandal And ORS v. The State Of West Bengal

48.

13-09-2021 (ct. no.32) debajyoti In the High Court at Calcutta Circuit Bench at Jalpaiguri CRM 877 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rajganj Police Station Case No.137 of 2021 dated 1404-2021 under Sections 498(A)/306/34 of the Indian Penal Code.

- A n d - In the matter of : Digen Mandal & Ors.

.... Petitioners.

Mr. Sudip Guha ... For the Petitioners.

Mr. Ujjwal Luksom, Mr. Biswarup Roy ... For the State.

The petitioner nos.1 and 2 are the parents-in-law and the petitioner nos.3 and 4 are the sisters-in-law of the victim lady, who is said to have killed herself by consuming poison within four months of marriage. The petitioners say that they have no role to play in the victim's death. The prime accused, the husband of the victim, is in custody. We have seen the material in the Case Diary including statements of neighbours recorded under Section 161 of the Code of Criminal Procedure. The allegations are omnibus in nature and directed generally against the members of the family. There is nothing specific against the present petitioners.

Considering the nature of the allegations and the material on record as also the possible extent of complicity of the petitioners in the alleged offence, although charge sheet is yet to be submitted, we are of the view that immediate custodial interrogation of the petitioners may not be

necessary so long as they cooperate with the Investigating Officer in right earnest.

Accordingly, in the event of arrest, the petitioners, namely, Digen Mandal, Manasa Mandal, Supriya Mandal and Ruma Mandal shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. The petitioner no.1 shall meet the Investigating Officer once every fortnight until further orders.

In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 877 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )