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Calcutta High CourtCRM/5135/2021allowed

Rama Ghosh v. State Of West Bengal

2021-12-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

13.12.2021 Sl. No.123 akd [ALLOWED] C. R. M. 5135 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.08.2021 in connection with Habibpur Police Station Case No. 39 of 2020 dated 01.02.2020 under Sections 498A/308/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re: Rama Ghosh ... ... Petitioner Mr. Kusal Kumar Mukherjee ... ... for the petitioner Mr. S. S. Imam Mr. S. Kundu ... ... for the State It is submitted on behalf of the petitioner that she is the mother-in-law of the victim-housewife and has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegations against the petitioner are general and omnibus in nature. Injuries are minor and simple. In view of the aforesaid facts, we are of the opinion that 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 Rama Ghosh, 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. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)