Calcutta High CourtCRM (DB)/2536/2024allowed

Mitali Khan v. The State Of West Bengal

2024-08-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

52.

12.08.2024 Court No.6 (Tanmoy) Allowed CRM (DB) 2536 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Barikul Police Station Case No. 33/2023, dated 06.8.2023 under Sections 498A/302/201/34 of the Indian Penal Code.

And In the matter of: - Mitali Khan ...petitioner.

Mr. Arkaprabho Roy ...for the petitioner.

Mrs. Rituparna De Ghose Mr. Atanu Ghosh ...for the State.

1. Petitioner is the mother-in-law of the victim lady. Coaccused father-in-law has been enlarged on bail.

Investigation is complete. She prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record. Victim merely committed suicide as her husband and others objected to her pursuing higher education. Allegation against the petitioner/mother-in-law is general and omnibus. Coaccused father-in-law has been enlarged on bail.

4. Under such circumstances, we are inclined to enlarge the petitioner on bail.

5. Accordingly, we direct the petitioner, namely, Mitali Khan shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Khatra, Bankura, Signed By :

TANMOY GHOSH High Court of Calcutta 13 th of August 2024 04:37:32 PM

subject to condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel her bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 13 th of August 2024 04:37:32 PM