Biplab Haldar v. State Of West Bengal

23.12.2022 Serial no. 01 [Dd] (Anticipatory bail) Allowed) CALCUTTA HIGH COURT In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 775 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Women Police Station Case No. 71 of 2022 dated October 7, 2022 (GR No. 5651 of 2022) under Sections 498A/302/34 of the Indian Penal Code read with Sections 3/4 Dowry Prohibition Act, 1961.

-AndIn the matter of : Biplab Haldar ... ... Petitioner Mr. Rokon Ali Molla, Advocate ... ... For the Petitioner Mr. Ujjwal Luksom, Mr. Arjun Chowdhury, Advocates ... ...For the State Husband was enlarged on bail by the jurisdictional Court.

The postmortem report of the victim suggests that the victim consumed poison.

There is statement of a driver of a vehicle who carried the victim and her husband to the hospital. In his statement such driver claimed that the victim was telling her husband that, now that she consumed poison the husband should be happy.

In such circumstances, 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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation 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) 775 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)