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Calcutta High CourtCRM/2637/2021allowed

Rebati Jana v. State Of West Bengal

2021-08-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

39.

13.08.2021 Ct.32 Tanmoy Allowed C.R.M. 2637 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 12/03/2021 in connection with Dantan Police Station Case No. 151/2019 dated 22/05/2019 under Sections 498A/304B/306/34 of the Indian Penal Code.

And In the matter of: - Rebati Jana ....petitioner.

Mr. Sudip Kushari ...for the petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ...for the State.

The petitioner is the mother-in-law of the victim lady. She is 76 years old.

It appears that the petitioner had a quarrel with her husband and went away to her paternal house. There she committed suicide. Charge-sheet has already been submitted. The victim's husband was apprehended and has been enlarged on bail by the learned Court below.

We have considered the material on record including the statements of the witnesses recorded under Sections 161/164 of the Code of Criminal Procedure. Having regard to the nature and gravity of the offence and the extent of possible complicity of the petitioner therein and also, since charge-sheet has already been filed, we are of the view that immediate custodial interrogation of the petitioner may not be necessary.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application being C.R.M.

of is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)