Calcutta High CourtCRM (A)/2450/2024allowed

Sribala Sarkar v. The State Of West Bengal And ANR

2024-07-24Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

24.07.2024 SL No.24 Court No.29 (gc) (Allowed) CRM (A) 2450 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure read with Section 482 of BNSS, 2023 filed in connection with Balurghat Police Station Case No.437 of 2024, dated 08.06.2024 under Sections 417/376/313/34 of the Indian Penal Code.

And In the matter of : Sribala Sarkar - Petitioner.

Mr. Kaushik Choudhury, Ms. Busra Khatoon ....For the Petitioner.

Mr. R.R. Chowdhury, Sr. Govt. Adv., Mr. Rajesh Jana ... For the State.

1. The affidavit of service filed in Court today is taken on record.

2. In spite of service, the victim is not represented.

3. The learned Counsel for the petitioner submits that the petitioner is the mother of the principal accused who is presently in custody.

4. The learned Counsel for the State has produced the case diary.

5. Considering the materials available in the case diary, the statement of the victim recorded under Section 164 of the Cr.P.C. which directly implicates the principal accused and does not refer to the present petitioner, we are inclined to grant anticipatory bail to the petitioner.

6. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sribala Sarkar, shall be released on bail upon Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 25 th of July 2024 12:16:38 PM

furnishing a bond of Rs.5,000/-, 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 and shall cooperate with the investigation till the submission of the final report.

7. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Dakshin Dinajpur in connection with G.R. Case No.1072 of 2024 within two weeks from date.

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

9. 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 25 th of July 2024 12:16:38 PM