Calcutta High CourtCRM (A)/2674/2023allowed

Shefali Dhali v. State Of West Bengal

2023-07-17Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2674 of 2023 17.07.2023 SL. 11 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Basirhat P.S. Case No. 690 of 2022 dated 17.10.2022 under Sections 498A/304B/34 of the IPC read with Section 10 of Prohibition of Child Marriage Act corresponding to G.R. case No. 4566 of 2022 pending before the learned ACJM, Basirhat.

And In the matter of: Shefali Dhali ....petitioner.

Ms. Minoti Gomes Mr. Dhananjoy Banerjee ...for the petitioner.

Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the neighbors of the petitioner and the postmortem report in respect of the deceased. From the postmortem report it is clear that the death of the deceased was the effect of hanging and ante mortem in nature. There is no external mark of injuries on any other parts of the body and prima facie the postmortem report is indicative of suicidal hanging.

3. So far as the present petitioner is concerned there is omnibus allegation by the neighbors to the effect that the family members were demanding additional dowry from the deceased. Chargesheet is stated to have been filed.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner and completion of investigation, it is directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Basirhat within 15 days from today in G.R. case No. 4566 of 2022 arising out of aforesaid

P.S. case. On her appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. The learned Additional Chief Judicial Magistrate is directed to act upon the server copy of this order, if required.

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

7. The application being CRM (A) 2674 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)