Sonali Bairagi v. State Of West Bengal

05.09.2022 Serial no.22 Aloke CRM (A) 4198 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 312 of 2022 dated 17.08.2022 under Sections 498A/323/354/354B/376/511/406/506/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. -AndIn the matter of : Sonali Bairagi ... ... Petitioner Mr. S. Sarkar, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Ms. Debjani Sahu, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The husband of the de facto complainant was released on bail by the Coordinate Bench. The father-in-law of the de facto complainant is still in custody.

In her statement recorded under Section 164 of the Code of Criminal Procedure, the de facto complainant claims that the present petitioner is a mental patient.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including

cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4198 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)