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Calcutta High CourtCRM (A)/2373/2023allowed

Budho Bibi @ Anjura v. State Of West Bengal

2023-06-30Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

4.

30-06-2023 (ct. no.06) debajyoti CRM(A) 2373 of 2023 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No.264 of 2023 dated 30-03-2023 under Sections 498(A)/325/307/34 of the Indian Penal Code.

- A n d - In the matter of : Budho Bibi @ Anjura .... Petitioner.

Mr. Ashok Das, Mr. Sourav Mukherjee ... For the Petitioner.

Mr. Debabrata Chatterjee, learned APP, Mr. Santanu Chatterjee ... For the State.

Leave is granted to the petitioner to correct paragraph 3 of the petition.

The allegation is under Sections 498A/325/307/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the victim lady. The petitioner says that she has no role to play in the alleged crime.

We have gone through the Case Diary. We have seen the injury report as also the statement of the victim lady recorded under Section 164 of the Code of Criminal Procedure.

Considering the material on record, the age of the petitioner (62 years), the nature and gravity of the allegation as well as the possible extent of complicity of the petitioner in the alleged crime, we are of the view that immediate custodial

interrogation of the petitioner may not be necessary so long as she cooperates with the Investigating Officer. Accordingly, in the event of arrest, the petitioner, namely, Budho Bibi @ Anjura, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders. In case the petitioner fails to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. The application for anticipatory bail being CRM (A) 2373 of 2023 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)