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Calcutta High CourtCRM (A)/2918/2023allowed

Sharda Devi And ANR v. State Of West Bengal

2023-08-09Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

09.08.2023 SL No. A 141 Court No.29 s.biswas (Allowed) C.R.M. (A) 2918 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No. 684 of 2022 dated 28.12.2022 under Sections 498A/302/201/120B of the IPC, Section 4 of the D.P. Act and Sections 25/27 of the Arms Act.

And In the matter of: Sharda Devi and another ....petitioners Mr. Sumit Naskar ...for the petitioners Mr. Saswata Gopal Mukherji, PP Mr. Partha Pratm Das Ms. Eshita Dutta ...for the State

1. Heard learned Counsel for the parties.

2. The petitioner no.1 is alleged to be the first wife of the husband of the deceased and the petitioner no.2 is the brother-in-law of the deceased.

3. It is fairly submitted at the Bar that so far as the present petitioners are concerned, charge-sheet against them has been filed under Section 498A/120B of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

4. Regard being had to facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of offence and completion of investigation, it is directed that the petitioners shall surrender before the learned Additional Chief Judicial Magistrate, Uluberia, Howrah within 15 days from today in G.R. Case No.3053 of 2022 arising out of aforesaid P.S. case. On their appearance and application for bail, the petitioners 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 ACJM, Uluberia is directed to act upon the server copy of this order, if required.

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

7. The application being CRM (A) 2918 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)