Calcutta High Court (Appellete Side)
Gupta @ Sanjay Gupta @ Jawahar Lal Gupta & ... vs The State Of West Bengal on 23 July, 2014
Author: Debangsu Basak
Bench: Jayanta Kumar Biswas, Debangsu Basak
In the High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side.
Present:-
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
and The Hon'ble Mr. Justice Debangsu Basak.
CRM No.7553 of 2014 Johar Prasad Gupta @ Jawahar Gupta @ Jawahar Lal Gupta, Nirmala Gupta, Sanjay Prasad Gupta @ Sanjay Gupta @ Jawahar Lal Gupta & Sumita Devi @ Sumita Gupta.
v.
The State of West Bengal Mr. Sayan De Ms. Nanda Gurung ... for the petitioners.
Ms. Manasi Roy ... for the State.
Ms. Monoti Gomes ... for the de facto complainant.
Heard on :- July 23,2014.
Order on :- July 23, 2014.
Jayanta Kumar Biswas, J:- The four petitioners in the CRM saying that they are apprehending arrest in connection with Islampur P.S.Case No.423 of 2014 dated March 13,2014 under ss.498A/323/34 IPC are seeking bail under s.438 CrPC.
Mr. De appearing for the petitioners has submitted as follows. The petitioners are the de facto complainant's father in-law, the mother in-law, a brother in-law and a sister in-law respectively. The de facto complainant's husband present in court has given him specific instructions that he is ready to live with the de facto complainant, will not leave the de facto complainant under any circumstances, and will see that the de facto complainant, his wife, remains happy in every respect.
Advocate for the State has produced the case diary and has referred to the materials therein. As to the question of anticipatory bail, she has left the matter to the discretion of the court. Ms. Gomes appearing for the de facto complainant, the victim girl, has submitted that the girl was always and still is ready and willing to go back to her husband and live a happy married life with him. She has said that since the girl's husband present in court has given undertaking to this court that he will keep the girl happy in every respect, the girl wants to go back to her husband.
In view of the above-noted situation and having regard to the case diary material and the nature of the accusations, we are of the opinion that it will be appropriate to grant the petitioners anticipatory bail.
For these reasons, we allow the CRM and direct that in the event the petitioners are arrested in connection with the case, they shall be released on bail to the satisfaction of the arresting officer. Certified xerox.
sh ( Jayanta Kumar Biswas, J)
(Debangsu Basak, J)