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Calcutta High CourtCRM (A)/3205/2023allowed

Lakshmi Mahato And ANR v. State Of West Bengal

2023-08-24Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3205 of 2023 24.08.2023 ML. 393 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Jhargram All Women P.S. Case No. 121 of 2020 dated 23.12.2020 under Sections 498A/323/323/406/506/34 of the IPC and Sections 3/4 of the D.P. Act corresponding to G.R. Case No. 1033 of 2020 pending before the learned CJM, Jhargram. And In the matter of: Lakshmi Mahato & Anr.

....petitioners.

Mr. Abhinava Dan Mr. Arkaprabho Roy ...for the petitioners.

Mr. Rudradipta Nandy, APP Mr. Nirupam Dhali ...for the State.

1. Heard learned Counsel for both the parties.

2. The earlier application for anticipatory bail was moved during investigation and now charge-sheet has been filed exonerating the present petitioners, who are mother-in-law and sister-in-law of the informant from the offence under Section 313 IPC. Such a development is certainly a supervening circumstances.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and completion of investigation, it is directed that each the petitioner shall surrender before the learned Chief Judicial Magistrate, Jhargram within 15 days from today in the G.R. case No. 1033 of 2020 arising out of aforesaid P.S. case.

4. On their appearance and application for bail each of the petitioner 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 CJM is directed to act upon the server copy of this order, if required.

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

7. The application being CRM (A) 3205 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)