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Calcutta High CourtCRM (A)/2211/2023allowed

Mani Khatun @ Moni Bibi v. State Of West Bengal

2023-06-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

13.06.2023 Sl. No.84 akd [ALLOWED] C. R. M. (A) 2211 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.05.2023 in connection with Contai Police Station Case No. 339 of 2021 dated 12.09.2021 under Sections 498A/304B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

And In Re: Mani Khatun @ Moni Bibi ... ... Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Sabera Khatun ... ... for the petitioner Mr. Tanmay Kr. Ghosh Ms. Pritha Paul ... ... for the State

1. Heard learned Counsel for both the parties.

2. The petitioner is the co-wife being the first wife of the husband of the deceased. The deceased is alleged to have been set ablazed by concerted action of all the family members including the present petitioner. Other co-accused persons including the husband are stated to have been enlarged on regular bail.

3. Filing of charge sheet in the meantime presupposes that there is no need of custodial interrogation of the present petitioner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation in the meantime, it is directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Contai, Dist. Purba Medinipur in connection with Contai Police Station Case No.339 of 2021 dated 12.09.2021 within fifteen days from today.

5. On the appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. Accordingly, the prayer for anticipatory bail is allowed.

7. The application being CRM (A) 2211 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)