Mani Some@Mani Das v. State Of West Bengal

26.07.2022 Serial no. 01 [Dd] (Anticipatory bail) Allowed)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 369 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata women Police Station Case No. 05 of 2021 dated 27th January, 2021 under Sections 498A/302/201/34 of the Indian Penal Code (subsequently charge sheet submitted under Sections 498A/304B/34 of the Indian Penal Code and read with Sections 3/ 4 of the Dowry Prohibition Act) Corresponding with G.R. Case No. 44 of 2021.

-AndIn the matter of : Mani Some @ Mani Das ... ... Petitioner Md. Sabir Ahmed, Mr. Hillol Saha Podder, Mr. S. Sarkar, Ms. Mousumi Das, Advocates ... ... For the Petitioner Mr. Aditi Shankar Chakraborty,(Via video conference) ld. APP Mr. Arun Kr. Sarkar, (Via Video conference), Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the police filed charge sheet inter alia under Section 304B of the Indian Penal Code after conducting an investigation inter alia under Section 302 of the Indian Penal Code. The husband was enlarged on bail by the jurisdictional Court.

The State is represented.

Considering the fact that police filed charge sheet inter alia under Section 304B of the Indian Penal Code after

conducting an investigation inter alia under Section 302 of the Indian Penal Code and considering the fact that husband was enlarged on bail by the jurisdictional Court, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 369 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)