Dayamoyee Koner v. State Of West Bengal

22.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1330 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Titagarh Police Station Case No. 20 of 2022 dated 06.01.2022 under Sections 498A/306 of the Indian Penal Code.

And In Re : Smt. Dayamoyee Koner ..... petitioner Mr. Debasis Kar .... for the petitioner Mr. Debabrata Chatterjee Ms. Manisha Sharma ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the husband was granted bail by the Jurisdictional Court. 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.). He submits that, entire allegations are against the present petitioner. The petitioner and the husband are not standing on the same footing.

The petitioner is the mother-in-law of the victim. The 164 Cr.P.C. statement implicates the petitioner squarely. In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, 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) 1330 of 2022 is dismissed.

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