Tara Barman v. State Of West Bengal

22.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1326 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 869 of 2021 dated 03.10.2021 under Sections 498A/304B/306/34 of the Indian Penal Code. And In Re : Tara Barman ..... petitioner Mr. Kushal Pal .... for the petitioner Mr. Joydeep Roy Ms. Sujata Das ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, all other co-accused are either on bail or on anticipatory bail. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) implicating the petitioner.

The petitioner is the mother-in-law of the victim. The 164 Cr.P.C. statement implicates the petitioner and the husband. The husband was granted statutory bail. The petitioner and the husband stands on the same footing in terms of 164 Cr.P.C. statement.

Consequently, considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the

164 Cr. P. C. statement, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1326 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)