Sabita Majumdar@Sabita Mazumder v. State Of West Bengal
24.11.2021 Serial no. 72 Dd (Through Video Conference) CRM 5428 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 48 of 2020 dated 21.02.2020 under Sections 498A/304B/34 of the Indian Penal Code, Charge sheet was submitted under sections 498A/306/34 of the Indian Penal Code.
-AndIn the matter of : Sabita Majumdar @ Sabita Mazumder ... Petitioner Mr. Subhasree Patel Mr. Soham Banerjee, Advocates ... ... For the Petitioner Ms. Faria Hossain, Ms. Sonali Das, Advocates ... ...For the State Petitioner renews the prayer for anticipatory bail. Learned advocate appearing for the petitioner submits that subsequent to the earlier order of rejection on November 27, 2020, there is change in circumstances. The police submitted charge sheet under Sections 498A/306/34 of the Indian Penal Code.
The police commenced the investigation under Sections 498A/304B/34 of the Indian Penal Code. Such situation was prevailing on November 27, 2020 when the earlier application for anticipatory bail was rejected. Heard learned advocate for the State.
Considering the materials in the case diary and considering the fact that police filed charge sheet under Sections 498A/306/34 of the Indian Penal Code and considering the fact that one of the co-accused is on bail and
the husband is still in detention, 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 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 and on further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing. Prayer for anticipatory bail is allowed.
CRM 5428 of 2021 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)