Bharati Bej v. The State Of West Bengal

05.07.2024 SL No.64 Court No.29 (gc) (Allowed) CRM (A) 2186 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Lalgarh Police Station Case No.96 of 2023 dated 30.11.2023 under Sections 498A/304B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

And In the matter of : Bharati Bej - Petitioner.

Mr. Soumyajit Das Mahapatra, Mr. Supriyo Das, Ms. Madhurai Sinha ....For the Petitioner.

Mr. Kunal Ganguly ... For the State.

1. The learned Counsel for the petitioner submits that the petitioner has been falsely implicated and the son and husband are already enlarged on bail. The child is presently residing with the petitioner.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has submitted that the co-accused persons were initially taken into custody and thereafter granted regular bail.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the fact that the son and husband are already enlarged on bail and having regard to the fact that the Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of July 2024 05:54:51 PM

charge-sheet has already been filed, we are of the view that the custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Bharati Bej, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered 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. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Jhargram in connection with G.R. Case No.1119 of 2023 and pray for regular bail within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 5 th of July 2024 05:54:51 PM