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Calcutta High CourtCRM (A)/2829/2022allowed

Priyanka Devi @ Priyanka Kumari v. State Of West Bengal

2022-06-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

17.06.2022 Sl. No.136 akd [ALLOWED] C. R. M. (A) 2829 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.06.2022 in connection with Andal Police Station Case No. 278 dated 05.10.2021 under Sections 498A/304B/302/406/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

And In Re: Priyanka Devi @ Priyanka Kumari ... Petitioner Mr. Amajit De Ms. Shakshi Rathi Mr. Somnath Banerjee ... for the petitioner Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor Mrs. Debjani Sahu ... for the State Heard the learned advocate appearing for both the parties. We have considered the materials on record. Petitioner is the sister-in-law of the victim-housewife. Allegations against her are general and omnibus in nature. There is delay in lodging FIR. Incident occurred in June, 2020 while FIR was lodged after sixteen months in October, 2021. In view of the aforesaid facts, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Priyanka Devi @ Priyanka Kumari, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)