Dipika Hari v. The State Of West Bengal

20.08.2024 Sl No.07 Court No. 29 TN (Allowed) CRM (A) 2675 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bankura (Women) Police Station Case No.34 of dated 31.03.2024 under Sections 498A/323/324/307/506/34 of the Indian Penal Code. And In the matter of : Dipika Hari .... petitioner Mr. Dipankar Dandapath Mr. Purnasis Bhuniya ....for the petitioner Mr. Soham Banerjee ....for the de facto complainant Mr. Iqbal Kabir, Ms. Payel Ghosh ... for the State

1. The petitioner is the sister-in-law of the victim. It is submitted on behalf of the petitioner that due to matrimonial dispute, a false complaint has been lodged against the petitioner. The petitioner is a student and unmarried.

2. The learned counsel for the de facto complainant and the State have opposed the prayer for anticipatory bail.

3. It is submitted that specific overt act is reflected from the complaint read with the injury report.

4. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the nature of the injury which appears to be simple, we are of the view that custodial interrogation of the petitioner is not necessary. Signed By :

TANMOY NANDAN High Court of Calcutta 21 st of August 2024 09:59:14 AM

5. Accordingly, we direct that in the event of arrest, the petitioner, namely, Dipika Hari shall be released on bail upon 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, corresponding to Section 482(2) of the BNSS, 2023.

6. The petitioner shall cooperate with the investigation.

7. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Bankura within two weeks from date and pray for regular bail.

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 :

TANMOY NANDAN High Court of Calcutta 21 st of August 2024 09:59:14 AM