Ritika Saha And ORS v. State Of West Bengal

30.07.2021 Item no.10.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 1289 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 27.01.2021 in connection with Durgapur New Township Police Station (NTS) Case No.124 of 2020 Dated 10.10.2020 under Sections 379/411 450/452/420/467/468/506/307/120B/34 of the Indian Penal Code And In the matter of : Ritika Saha & Others ......Petitioners.

Mr. Sudip Kumar Mr. Sayeed Khan ......for the Petitioners.

Mr. Rana Mukherjee, Ld. APP Ms. Sujata Das ......for the State.

Mr. Manjit Singh ...for the Defacto complainant.

The petitioner no.1 is the wife and the petitioner nos. 2 and 3 are the parents in law of the defacto complainant. We have heard learned Counsel for the parties including the learned Advocate for the defacto complainant. We have seen the statements in the case diary.

It appears that there are serious disputes between the wife of the defacto complainant and his family. There is also dispute pending regarding custody of the minor child of the petitioner no.1 and the defacto complainant. Charge sheet has not yet been filed.

On an overall consideration of the facts and circumstances of the case and the material in the case diary, we are of the opinion that the petitioners need not be taken into custody for interrogation so long as they cooperate with the Investigating Officer in all respects.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.1289 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)