Koushik Das v. State Of West Bengal

13.10.2022 JCB 7 In the High Court at Calcutta Ct.No.28 Circuit Bench at Jalpaiguri Sourav/ Criminal Miscellaneous Jurisdiction Suvayan CRM (A) 592 of 2022 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rajganj Police Station Case No. 509 of 2022 dated 06.09.2022 under Sections 498A/323/307/506 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

- A n d - In the matter of : Koushik Das .... Petitioner.

Ms. Madhushri Dutta ... for the Petitioner.

Mr. Aditi Shankar Chakraborty Mr. Nilay Chakraborty Mr. Biswarup Roy ....for the State.

Heard learned counsels for both the parties.

Learned lawyer for the petitioner submits that a suit for restitution of conjugal rights has been filed. The defacto complainant wife has also submitted a prayer before the Family Counseling Centre for mediation. Arrest of the petitioner would extinguish the possibility of reconciliation. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statement of the victim lady. Injury report does not disclose any serious injury. Possibility of reconciliation cannot be ruled out.

Under such circumstances, we are of the opinion that custodial interrogation is not necessary but petitioner requires to cooperate with the investigating agency. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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 condition the petitioner shall cooperate with the investigation and meet the investigating officer once in a week or until further orders whichever is earlier.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM (A) 592 of 2022 is disposed of.

(Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)