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Calcutta High CourtCRM (A)/1715/2023allowed

Dipali Malik @ Sabita Malik And ORS v. State Of West Bengal

2023-04-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Rai Chattopadhyay2 pages

24.04.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1715 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 1101 of 2022 dated 24.10.2022 under Sections 498A/302 of the Indian Penal Code.

And In the matter of: Dipali Malik @ Sabita Malik & ors. ...... petitioners Mr. Biswajit Manna ....for the petitioners Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das, Ms. Eshita Dutta ....for the State Mr. Tusar Hazra ....for the de facto complainant Police filed charge-sheet inter alia under Section 306 of the Indian Penal Code, 1860 after conducting an investigation under Section 302 of the Indian Penal Code thereof. Husband and the father-in-law were arrested and subsequently enlarged on bail by the jurisdictional Court. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will be released on bail upon furnishing a bond of Rs.10,000/- each, 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 further condition that the petitioners shall appear on every date 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Rai Chattopadhyay, J.)