Durgarani Roy v. State Of West Bengal

19.01.2021 Court No.28 rpan / 207 C.R.M. 219 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Durgarani Roy ....Petitioner.

Mr. Abdur Rakib, Mr. Somnath Majumder ....for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P.

... for the State.

Apprehending arrest in connection with Bagdah P. S. Case No. 356 of 2020 dated 27.06.2020 under Sections 498(A)/302 of the Indian Penal Code, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner is the mother-in-law of the deceased. The complaint was lodged after about 9 years of marriage. The husband of the deceased and the brother-inlaw of the deceased have already been enlarged on bail. Upon completion of investigation, charge-sheet has also been filed and as such, the custodial detention of the petitioner is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer.

Having heard the learned advocates and considering the materials in the case diary and the nature of allegations, we are of the opinion that custodial detention of the petitioner is

not necessary. As such, the prayer for anticipatory bail is allowed.

Accordingly, in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 219 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)