Sabina Begam @ Samina Begum v. State Of West Bengal

12.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2135 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 343 of 2021 dated 16.07.2021 under Sections 498A/302/34 of the Indian Penal Code, 1860 and Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Sabina Begam @ Samina Begum ...... petitioner Mr. Ritwik Pattanayak ....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Pritha Paul ....for the State Petitioner renews the prayer for anticipatory bail. Learned advocate appearing for the petitioner submits that, the petitioner was enlarged on anticipatory bail by the order dated December 21, 2021 passed in CRM 8150 of 2021. There was a spelling error in the name of the petitioner both in the petitioner as well as in the 'vakalatnama'. Consequently, the petition could not surrender in terms of the order dated December 21, 2021. The petitioner applied for correction, which was rejected by the order dated March 10, 2022. State is represented.

Considering the fact that the petitioner was already enlarged on anticipatory bail on December 21, 2021 passed in

CRM 8150 of 2021 and considering the fact that there was an error so far as the name of the petitioner is concerned and considering the fact that the police filed charge-sheet, we grant anticipatory bail to the petitioner.

Accordingly, we direct that 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, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear every day 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)