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Calcutta High CourtCRM/2617/2020allowed

Latika Mahanta & ANR v. State Of West Bengal

2020-12-15Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

15.12.2020 Court No.28 SL No.77 AP CRM 2617 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nalhati P.S. Case No.52 of 2020 dated 16.02.2020 under Sections 498(A)/306/34 of the Indian Penal Code.

And In the matter of: Latika Mahanta & Anr.

....Petitioners.

Mr. Saikat Chatterjee ...for the Petitioners.

Mr. S.S. Imam, Mr. A. Manna ...for the State.

Petitioner No.2 has already been arrested.

Accordingly, the application for anticipatory bail of the petitioner No.2 is dismissed as infructuous.

We have considered the materials on record. The incident occurred more than 10 years after the marriage. Allegations against the petitioner No.1, i.e. mother-in-law of the victim housewife, are general and omnibus. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner No.1. Accordingly, we direct that in the event of arrest, the petitioner No.1 be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)