Mungali Soren @ Mungali Hemram @ Mungli Soren v. State Of West Bengal

25.05.2021 Item no.39 Court No.28 Avijit Mitra C.R.M. 3331 of 2021 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Mungali Soren @ Mungali Hemram @ Mungli Soren .... Petitioner Mr. Saryati Dutta, Mr. Sanjib Kumar Dan ...for the petitioner Mr. S.S. Imam, Mr. N.P. Agarwala, Mr. Subroto Roy ...... for the State Apprehending arrest in connection with Bolpur Police Station Case No.265 of 2020 dated 15.10.2020 under Sections 498A/304B/302/34 of the Indian Penal Code, the present application has been preferred.

Mr. Dutta, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in an alleged incident which occurred after about a year of marriage of her son with the deceased. The sisters-in-law of the deceased had already been granted anticipatory bail and the petitioner herein is similarly situated with them. In the said conspectus, custodial interrogation of the petitioner is not warranted more so when the principal accused being the husband of the deceased had already surrendered and had been enlarged on bail. Learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Prima facie, the name of the petitioner consistently features in the complaint and also in the statement of the witnesses as recorded under Section 161 of the Code. Considering the gravity of the offence and the nature of allegations levelled against the petitioner herein, we are not inclined to exercise any discretion in her favour and as such her prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail being CRM No.3331 of 2021, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Bibek Chaudhuri, J.) (Tapabrata Chakraborty, J.)