Calcutta High CourtCRM (A)/3890/2023allowed

Sathi Das Pramanik v. State Of West Bengal

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3890 of 2023 25.09.2023 ML. 282 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hasnabad Police Station Case No. 85 of 2023 dated 05.03.2023 under Sections 498A/326/307/302/34 IPC (corresponding to G.R. Case No. 877 of 2023).

And In the matter of: Sathi Das (Pramanik) ....petitioner.

Mr. Sumanta Chakraborty Ms. Kasturi Dutta ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Ms. Faria Hossain Ms. Mamata Jana ... for the State.

Mr. Biplab Roy Ms. Rashmi Roy Ms. Karabi Roy ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. The present petitioner is the stepdaughter in law of the deceased. The father of the husband of the present petitioner had married for the second time to the deceased. Owing to some dispute in the family, Binay Pramanik, husband of the present petitioner is alleged to have poured kerosene and set the deceased ablaze in presence of the present petitioner and Prashanta Pramanik (husband of the deceased). There is, however, no allegation of specific overt act against the present petitioner.

3. Charge-sheet is stated to have been filed in the meantime.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation,

nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas in G.R. Case No. 877 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On her appearance and application for bail petitioner shall be released on bail 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) 3890 of 2023 is disposed of.

7. Learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas is hereby directed to act upon the server copy of this order, if required.

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