Kimia Chakraborty v. State Of West Bengal

12.09.2023 M/L 25 Ct. No.29 (Disposed of) (SKB) CRM (A) 3632 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nalasopara P. S. Case No.471 of 2022 dated 09.08.2022 under Sections 420/406/465 of the Indian Penal Code.

In the matter of : Kimia Chakraborty ... Petitioner Ms. Minoti Gomes, Ms. Dona Sanyal ... for the petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee ... for the State

1. Heard learned Counsel for the parties.

2. Issuance of notice by the Police of Nalasopara P.S. in Maharashtra in a case under Sections 420/406/465 IPC cannot be made the basis of giving the benefit of transit anticipatory bail to the petitioner who is a resident of West Bengal.

3. This court has no jurisdiction to grant any relief under Section 438 Cr.P.C. so far as the offence is concerned. The petitioner should approach the appropriate court in Maharashtra for such relief. If the petitioner, however, appear before the jurisdictional police station at Nalasopara in Maharashtra within 30 days from today in response to notice under Section 41A Cr.P.C., she shall

not be arrested for two weeks from the date of her appearance there.

4. With the aforesaid observation, the application being CRM (A) 3632 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)