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Calcutta High CourtCRM/2342/2021allowed

Jayanti Mistry v. State Of West Bengal

2021-06-04Hon'Ble Justice Shivakant Prasad,Hon'Ble Justice Aniruddha Roy2 pages

13.

04-06-2021 sd.

CRM No. 2342 of 2021 (Via Video Conference) In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. In re: Jayanti Mistry ..petitioner.

Mr. Debasis Kar ...for the petitioner. Mr. Bidyut Roy Ms. Rita Datta ...for the State The petitioner is apprehending arrest in connection with Ashoknagar Police Station Case No. 809 of 2020 dated 09.11.2020 under Sections 498A/304B/34 IPC.

Learned counsel appearing for the petitioner submits that the petitioner happens to be the distant married sisterin-law and she resides elsewhere and is in no way connected with the alleged offence and that the victim lady committed suicide in her parental house. It is further submitted that the husband of the victim deceased is already on bail. Learned counsel for the State drew our attention to the statement of the neighboring witnesses at page 8 and 9 of the case diary.

We are of the view that the allegations against the petitoner emerging from the statements of neighbouring

witnesses recorded under section 161 Cr.P.C. by the Investigating Officer are omnibus in nature.

Accordingly, we direct that in the event of arrest, the petitioner may be admitted on anticipatory bail on furnishing bail bond of Rs. 5,000/- with two sureties of like amount to the satisfaction of arresting officer, subject to condition embodied under section 438(2) of the Code of Criminal Procedure.

Thus, application being CRM 2342 of 2021 is allowed and disposed of.

(Aniruddha Roy, J.) (Shivakant Prasad, J.)