Maya Mitra And ANR v. State Of West Bengal

C.R.M. (A) 815 of 2024 08.03.2024 DL.3 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur All Women Police Station Case No.5 of 2024 dated 01.02.2024 under Sections 498A/323/307/406/506/509/34 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act. (G.R. Case No.67 of 2024).

And In the matter of: Maya Mitra & Anr.

....petitioners.

Mr. Prosenjit Mukherjee ...for the petitioners.

Mr. Rana Mukherjee, Ld.APP Ms. Sima Biswas ... for the State.

Petitioners before us are the parents-in-law of the de facto complainant.

Petitioners filed a writ petition prior in point of time being WPA 10350 of 2023 against the de facto complainant and her husband claiming that they were not allowing the petitioners to enter into their residence.

Husband of the de facto complainant was arrested and granted bail by the jurisdictional Court.

Materials in the case diary do not suggest requirement of custodial interrogation of the petitioners particularly in view of their advanced age,.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioner no.2 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no.1 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 815 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)