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Calcutta High CourtCRM (A)/2371/2023allowed

Lalita Biswas v. State Of West Bengal

2023-07-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray3 pages

C.R.M. (A) 2371 of 2023 05.07.2023 Sl. 18 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 365 of 2022 dated 03.07.2022 under Sections 420/406/467/468/471 IPC, corresponding to G.R. Case No. 2052 of 2022 pending before the learned Chief Judicial Magistrate, Lalbag, Murshidabad.

And In the matter of: Lalita Biswas ....petitioner.

Md. Golam Nure Imrohi ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Debjani Dasgupta ...for the State.

1. Heard learned Counsel for the parties.

2. From the materials placed before us, it is clear that a civil suit is pending between the parties and the matter has a more civil colour than a criminal trapping.

3. Investigation is stated to have progressed substantially.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner and the fact that the petitioner is a lady, it is directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Murshidabad at Lalbag in G.R. Case No. 2052 of 2022 arising out of aforesaid P.S. case within 15 days from today. On her appearance and application for bail she shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

6. The application being CRM (A) 2371 of 2023 is disposed of.

7. The learned Chief Judicial Magistrate, Murshidabad at Lalbag is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)