Calcutta High Court (Appellete Side)
Vijoy Shaw & Ors vs Unknown on 7 August, 2023
07.08.2023 C.R.M. (A) 2839 of 2023
ML. 78
Court No. 29
Suvayan
In Re: - An application for anticipatory bail under Section 438 of
(Allowed) the Code of Criminal Procedure filed in connection with Howrah
Women Police Station Case No. 22 of 2023 dated 19.06.2023
under Sections 498A/406/506/509/34 of the IPC and Sections
3/ 4 of the D.P. Act.
And
In the matter of: Vijoy Shaw & Ors.
....petitioners.
Mr. Raghunath Adhikary
Ms. Priyanka Saha
...for the petitioners.
Ms. Sutapa Banerjee
Mr. I. Ali
...for the State.
1.Heard learned Counsel for both the parties.
2. The petitioners are the husband of the victim and members of the family of petitioner No. 1.
3. Considered the materials placed by learned Counsel for the parties including the statement of the witnesses recorded under Section 161 Cr.P.C. There is omnibus allegation against the petitioners so far as demand of dowry is concerned.
4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and soceity and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.
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5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.
6. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.
5. Accordingly, the prayer for the anticipatory bail is allowed.
6. The application being CRM (A) 2839 of 2023 is disposed of.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3