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Calcutta High CourtCRM (A)/3698/2023allowed

Moumita Murmu @ Bristi Murmu Mandi v. State Of West Bengal

2023-09-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3698 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur (Local) Police Station Case No. 617 of 2022 dated 31.07.2022 under Sections 498A, 304B & 34 and adding Section 302 of the Indian Penal Code read with Sections 3 & 4 of Dowry Prohibition Act, 1961.

And In the matter of: Moumita Murmu @ Bristi Murmu Mandi ....petitioner.

18.09.2023 ML. 91 Court No. 29 NKB Mr. Siddhartha Sarkar Mr. Hirak Roy ...for the petitioner.

Mr. Saswata Gopal Mukherji, P.P.

Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for the parties.

2. Learned Counsel for the petitioner is allowed to make necessary correction in the cause title in Court today.

3. Present petitioner is stated to be the married sister-in-law of the deceased. Allegation against her is that whenever she used to come to her parental home she used to torture the deceased wife of her brother. We do not find any proximate relationship between the death of the deceased and the action of the present petitioner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Paschim Medinipur in G.R. Case No. 2387 of 2022

within 15 days from today. On her surrender and application for bail she shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 3698 of 2023 is disposed of.

7. Learned Chief Judicial Magistrate, Paschim Medinipur is hereby directed to act upon the server copy of this order, if required.

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