Payel Sarkar v. State Of West Bengal

C.R.M. (A) 2786 of 2023 07.08.2023 ML. 39 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 72 of 2018 dated 05.03.2018 under Sections 306 IPC.

And In the matter of: Payel Sarkar ....petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Ms. Eshita Dutta ... for the State.

1. Heard learned Counsel for the parties.

2. In view of the issuance of proclamation before the date of filing of present application for anticipatory bail, this petition for anticipatory bail is not maintainable in view of dictum of Hon'ble Supreme Court.

3. However, the petitioner being a girl of tender age, she is directed to appear before Chief Judicial Magistrate, Malda in G.R. Case arising out of aforesaid P.S. Case within 15 days from today. The petitioner or her Counsel is directed to give advance notice of at least 3 days to learned Public Prosecutor attached to this Court.

4. On the date of appearance, if any application for bail is filed by the petitioner, the same shall be disposed of on the same day taking into consideration the fact that the present petitioner is a girl of tender age.

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

6. The application being CRM (A) 2786 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)