Calcutta High Court (Appellete Side)
Hemabati Mandi (Hemram) @ Hembati vs The State Of West Bengal on 22 November, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
Serial No.4.
November 22, 2018.
SG Allowed CRM 10171 of 2018 In Re. An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of:
Hemabati Mandi (Hemram) @ Hembati Mandi (Hemram) and another
-versus-
The State of West Bengal Mr A.K. Samanta ... for the petitioners.
Mr Swapan Banerjee Mr Suman De ... for the State.
The petitioners seek anticipatory bail in connection with Panskura Police Station Case No.462 of 2018 dated September 13, 2018 under Sections 341/323/325/420/406/ 506/34 of the Indian Penal Code.
The allegation in the complaint is that the petitioners, who are the daughter and son-in-law, respectively, of the de facto complainant, fraudulently transferred an immovable property standing in the name of the de facto complainant's deceased wife and drove out the de facto complainant therefrom.
Considering the nature of the allegations and the fact that little or no physical injury was caused to the de facto complainant as evident from the case records, there may not be any need to take the petitioners into custody as long as they cooperate with the investigation.
Accordingly, in the event of arrest, the petitioners are directed to be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioners will also report to the investigating officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioners, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) ( Suvra Ghosh, J. )