Sanchita Panda v. The State Of West Bengal And ANR.

29.08.2024 Sl No.24 Court No. 29 TN (Allowed) CRM (A) 2919 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 Egra Police Station Case No.119 of 2024 dated 21.02.2024 under Sections 498A/304B/34 of the Indian Penal Code, 1860.

And In the matter of: Sanchita Panda .... petitioner Mr. Sourat Nandy ....for the petitioner Mr. P. Bhattacharya, Ms. Debjani Sahu ....for the State

1. The petitioner is the mother-in-law of the victim. It is submitted that due to accidental fire, the victim succumbed at the hospital. She is innocent.

2. The learned counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the uncle of the victim and submits that it appears from the said statement that she caught fire while she was cooking and the involvement of the petitioner and other in-laws cannot be ruled out. It is, however, submitted that the husband and the father-in-law have been enlarged on bail and charge sheet has already been filed.

3. 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 statement recorded under Section 164 of the Code of Criminal Procedure which Signed By :

TANMOY NANDAN High Court of Calcutta 30 th of August 2024 10:09:39 AM

does not prima facie implicate the petitioner for the commission of the alleged offence and that charge sheet has already been filed, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sanchita Panda shall be released on bail upon furnishing a bond of Rs.10,000/-, with one registered surety, 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.

5. It is further directed that the present accused petitioner shall appear before the learned Additional Chief Judicial Magistrate, Contai, District: Purba Medinipur within two weeks from date and pray for regular bail.

6. Accordingly, the application for anticipatory bail is disposed of.

7. 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 30 th of August 2024 10:09:39 AM