Mita Ghosh v. State Of West Bengal

10.08.2023 (M/L 190) Ct. No.29 Allowed (SKB) CRM (A) 2976 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Budbud P.S. Case No.63 of 2023 dated 20.05.2023 under Sections 498A/406/323/307/506/120B of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition ACt.

In the matter of : Mita Ghosh ... petitioner Mr. Avik Ghatak, Mr. Saibal Krishna Dasgupta ... for the petitioner Mr. Imran Ali, Ms. Debjani Sahu ... for the State

1. Heard the learned Counsel for the parties.

2. It is alleged that the present petitioner is in love with the husband of the victim and on her instigation, the husband of the victim is alleged to have poured hot oil on the person of the victim. There is no corroborative evidence regarding the role of the petitioner so far as the action of the husband is concerned.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of her arrest in the aforesaid P.S. case on such terms and conditions as

deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioner being a lady is directed to appear before the IO for the purpose of investigation as and when required from sunrise to sunset till submission of Final Form.

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

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 2976 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)