Shivani Dubey v. State Of West Bengal

18.05.2022 Serial no.46 Ct. No. 29 Aloke CRM (A) 2246 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Haridevpur Police Station Case No. 05 of 2022 dated 05.01.2022 under Sections 498A/306/34 of the Indian Penal Code read with Sections 4 of the Dowry Prohibition Act.

-AndIn the matter of : Shivani Dubey alias Shivani ... ... Petitioner Mr. Anand Keshari, Advocate Mr. Sekhar Mukherjee, Advocate ... ... For the Petitioner Mr. Navnil De, Advocate ... ...For the State Prayer for adjournment made on behalf of the State on the ground of non-receipt of the case diary is considered and rejected.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner is the sister-in-law of the sister-in-law of the de facto complainant. He emphasis the remoteness of the relationship. He submits that the husband is not an accused in the police complaint relating inter alia to Section 498A of the Indian Penal Code.

Considering the remoteness of the relationship between the de facto complainant and petitioner and considering the fact that the de facto complainant did not lodge any complaint against the husband inter alia under Section 498A of the Indian Penal Code, we are inclined to 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/- (Rupees Ten Thousand Only), 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 will cooperate with the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 2246 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)