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Calcutta High CourtCRM (A)/3362/2022allowed

Mishoda Konai @ Nisheda Konai @ Misodaqunai v. State Of West Bengal

2022-07-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 3362 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Samsherganj Police Station Case No. 309 of 2021 dated 01/10/2021 under Sections 498A/304B/302/34 of the Indian Penal Code. In the matter of: Mishoda Konai @ Nisheda Konai @ Misodaqunai ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioner prays for anticipatory bail.

(AD) 15.07.2022 Court No.29 (Allowed) Learned Advocate appearing for the petitioner submits that the husband of the victim surrendered before the jurisdictional Court. The police filed charge sheet. Therefore, custodial interrogation of the petitioner is not required. The sister-in-law of the victim was enlarged on anticipatory bail by the jurisdictional Court.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits, on instructions, that the husband was enlarged on bail by the jurisdictional Court.

Considering the fact that the police filed charge sheet and considering the fact that the husband was enlarged on anticipatory bail by the jurisdictional Court, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 3362 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)