Rita Datta @ Dutta And ANR v. The State Of West Bengal

18.06.2024 Court No.29 Item No. 1 Allowed sg CRM (A) 1858 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 887 of 2023 dated 13.12.2023 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act, now pending before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia vide GR Case No. 4924 of 2023. And In Re: Rita Datta @ Dutta & Anr.

Petitioners Mr. Prabir Mujumder Mr. Debraj Shil For the Petitioners Mrs. Minoti Gomes Mr. Soham De Dhara For the State 1.

The petitioner no. 1 is the mother-in-law and the petitioner no.2 is the sisterin-law of the deceased. The learned Counsel for the petitioners submits that they are innocent and have been falsely implicated. He further submits that there has been case and counter-case between the parties. The victim deceased and her husband both committed suicide at their home. 2.

The learned Counsel for the State has referred to the case diary and submits that the post mortem reports show that the cause of death of the victims is suicide.

3.

Considering the materials available in the case diary, the nature of involvement of the petitioners in the commission of alleged crime and having Signed By :

SANJIB GHOSH High Court of Calcutta 18 th of June 2024 04:42:13 PM

regard to the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the present petitioners are not necessary. 4.

Accordingly, we direct that in the event of arrest the petitioners namely, Rita Datta @ Dutta and Sadhana Dutta @ Sadhana Majumder, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local to the satisfaction of arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia in connection with GR Case No. 4924 of 2023, within two weeks from date, failing which, it would be open for the learned Trial Court to cancel the bail without any further reference to this Court.

5.

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

CRM (A) 1858 of 2024 is, thus, disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)