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Calcutta High CourtCRM/1161/2019disposed

Purnima Talukder v. State Of West Bengal

2020-01-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Suvra Ghosh2 pages

03.01.2020 ss Allowed C.R.M. 12496 of 2019 In the matter of : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 24.12.2019 in connection with Kumargram P.S. Case No. 143 of 2019 dated 11.09.2019 under sections 498A/302/34 of the Indian Penal Code.

And In the matter of : Purnima Talukder & Ors.

Mr. Pravas Bhattacharya ... ... for the petitioners Mr. Madhusudan Sur, APP Mr. Manoranjan Mahata ... ... for the State It is submitted on behalf of the petitioners that they are the in-laws of the victim housewife and have been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners had tortured the victim housewife who was subsequently set on fire and died.

We have considered the materials on record including the statement of the principal accused, that is, husband of the victim housewife. Keeping in mind the extent of complicity of the petitioners in the alleged crime and as the principal accused, that is, husband of the victim housewife is in custody, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten

thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date. This application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)