Sumitra Jana v. State Of West Bengal

15.09.2021 Serial no. 82 Dd (Through Video Conference) CRM 5935 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.09.2021 in connection with Moyna Police Station Case No. 285 of 2020 dated 31.10.2020 under Sections 498A, 304B of the Indian Penal Code, corresponding to G.R. Case No. 2060 of 2020.

-andIn the matter of : Sumitra Jana

...Petitioner

Mr. Gouranga Kumar Das, advocate ... ... For the Petitioner Mr. B. K. Roy Ms. Kumkum Mitra, advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is the mother-in-law of the victim. Petitioner is residing at a different place than the matrimonial home of the victim. He submits that since the police submitted charge sheet, custodial interrogation of the petitioner is not necessary.

State is represented.

Considering that the police submitted charge sheet and that the petitioner is not on the same footing as that of the husband of the deceased who is still in custody, 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 anticipatory 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 Petitioner shall appear before the Court below and pray for regular bail within four weeks from date. Petitioner shall also appear before the jurisdictional court on every date fixed for hearing until further order.

The prayer for anticipatory bail is, thus, allowed. CRM 5935 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)