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Calcutta High CourtCRM/862/2021allowed

Saraswati Bairagi @Bairagy And Another v. State Of West Bengal

2021-04-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh3 pages

13.04.2021 Item No.282 Ct.No.28 Subha Allowed C.R.M. 862 of 2021 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 Cr.P.C in connection with Tehatta P. S. Case No. 435 of 2020 dated 05-10-2020 punishable under Sections 498A/376/511/506/34 of the Indian Penal Code. And In the matter of : Saraswati Bairagi @ Bairagy & Anr. .. Petitioners.

Mr. Mazhar Chowdhury Mr. Amanul Islam Mr. Sourav Mukherjee ... For the Petitioners.

Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ... For the State.

Apprehending arrest in connection with 05-10-2020 punishable under Sections 498A/376/511/506/34 of the Indian Penal Code, the present application has been filed.

Mr. Brahma, learned advocate appearing for the petitioners submits that the petitioners are mother-in-law and sister-in-law of the complainant.

Learned advocate for the petitioners further submits that there are materials surfacing against the present petitioners.

We have perused the materials available in the case diary which include the statement of the witnesses and having regard to the fact that their most of the allegations are against the father-in-law, we are of the opinion that custodial interrogation of the present petitioners are unwarranted and accordingly, the prayer for anticipatory bail of the present petitioners is allowed.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioners, namely, 1. Saraswati Bairagi @ Bairagy & 2. Anamika Bairagy @ Anamika Bairagya 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, 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 petitioners shall makes themselves available as and when called for by the Investigating Officer as we have

been informed that the investigation of the case is still continuing.

The application for anticipatory bail, being CRM 862 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J. ) ( Soumen Sen, J.)