Calcutta High CourtCRM (A)/3802/2023dismissed

Mina Rani Banik v. State Of West Bengal

2023-09-20Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3802 of 2023 20.09.2023 ML. 194 Court No. 29 Sourav (Dismissed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Habra Police Station Case No. 221 of 2019 dated 03.06.2019 under Sections 498A/326/307/34 IPC read with Sections IPC (corresponding to G.R. Case No. 1444 of 2019) And In the matter of: Mina Rani Banik ....petitioner.

Mr. Debasis Kar Mr. Husen Mustafi ...for the petitioner.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

1. Heard learned Counsel for the parties.

2. This is a second application for anticipatory bail which learned Counsel for the petitioner presses to be maintainable on the basis of decision of Hon'ble Supreme Court in the case of Ravindra Saxena Vs. State of Rajasthan reported in 2010 (1) SCC 684.

3. From the aforesaid judgment, we do not find that second application for anticipatory bail can be maintained even if the first one has already been disposed of on merit. Secondly, it is submitted by learned Counsel for the State that proclamation has already been issued and published under Section 82 of the Cr.P.C. against the present petitioner on 10.08.2023 and the present petition for anticipatory bail having been filed on 24.08.2023, it is not maintainable as such, in view of judicial dictums.

4. However, it is submitted by the learned Counsel for the

petitioner that the petitioner is the old mother-in-law of the deceased and the husband of the deceased who is the principal accused has already been released on regular bail in the meantime.

5. Accordingly, the application being CRM (A) 3802 of 2023 is dismissed.

6. In view of such submission, it is directed that the petitioner, if so advised, appears before the learned CJM, Barasat in G.R. Case No. 1444 of 2019 within 15 days from today with three days advance notice to the PP/APP attached to the said Court and files application for bail, such application for bail shall be disposed of on merit on the same day. Needless to mention here that if ground of parity is canvassed by the present petitioner, the same may be considered liberally by the learned court at the time of disposal of the aforesaid bail application.

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