Rina Debnath v. State Of West Bengal

24.08.2023 (M/L 400) Ct. No.29 Allowed (SKB) CRM (A) 3212 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ghola P.S. Case No.352 of 2016 dated 05.08.2016 under Sections 304/34 of the Indian Penal Code.

In the matter of : Smt. Rina Debnath ... Petitioner Mr. Debasis Kar ... for the petitioner Mr. P. K. Datta, ld. APP Mr. Santanu Deb Roy ... for the State

1. Heard the learned Counsel for the parties.

2. Considered the materials placed before us including the statements of the witnesses recorded under Section 161 Cr.P.C. The allegation is against one Baisakhi Karmakar so far as fatal assault is concerned. So far as the petitioner is concerned, it is stated by the witnesses that she was also present at the spot along with the aforesaid Baisakhi Karmakar.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned ACJM, Barrackpore, North 24 Parganas in connection with G.R. case arising out of the aforesaid P.S. case

within 15 days from today. On her surrender and application for bail, she shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. The application being CRM(A) 3212 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)