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Calcutta High CourtCRM (A)/632/2024allowed

Mondira @ Mandira Tarafdar @ Gain v. State Of West Bengal And ANR

2024-02-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

26.02.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 632 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 596 of 2023 dated 30.08.2023 under Sections 376/506/120(B) of the Indian Penal Code.

And In Re : Mondira @ Mandira Tarafder @ Gain ...... petitioner Mr. Shibaji Kumar Das ...for the petitioner Mr. Ranadeb Sengupta ...for the State Principal accused apparently was granted bail. Petitioner before us is a lady.

Police complaint was filed 21 days after the date of the alleged incident.

Court is informed that the petitioner lost her son about 20 days back.

Complicity of the petitioner in the incident, may be decided at the trial.

Considering her gender and the incident of loss of her son at this stage, we grant anticipatory bail to the petitioner. Accordingly, we direct that 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, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973. The petitioner shall appear on every date before the Jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)