Calcutta High Court (Appellete Side)
Mrityunjay Das & Ors vs Unknown on 14 March, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
CRM (A) 1209 of 2022 14.03.2022
Sl. 23 Court No.29 In Re: - An application for anticipatory bail under Section 438 of suvayan the Code of Criminal Procedure in connection with Bagnan Police (Allowed) Station vide FIR Case No. 543 of 2021 dated 02/11/2021 under Sections 498A/302/304(B)/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.
And In the matter of: Mrityunjay Das & Ors.
....petitioners.
Ms. Debi Priya Mitra ...for the petitioners.
Ms. Amita Gaur ...for the State.
Petitioners seek anticipatory bail. Learned Advocate appearing for the petitioners submits that the husband of the victim was enlarged on bail. She submits that in her suicide note, the victim did not implicate any of the petitioners.
Learned Advocate appearing for the State submits that the investigations are yet to be concluded. The suicide note was recovered two and half months from the date of incident. She refers to the post mortem report.
Considering the fact that the post mortem report records the death was due to hanging and considering the fact that husband is on bail and considering the suicide note of the victim and considering the fact that the police filed charge-sheet, we grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each to the satisfaction of the Arresting Officer 2 and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date and on further conditions the petitioners shall appear before the court below on every date fixed for hearing. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.
CRM (A) 1209 of 2022 is, thus, disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)