Chanpa Bag v. The State Of West Bengal

10.09.2024 AD-42 Court No.29 TN (Allowed) CRM (A) 3193 of 2024 In Re:- An application 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 Jagatballavpur Police Station Case No. 129 of 2024 dated 25.06.2024 under Sections 498A/302/304B/34 of the IPC and under Sections 3/4 of the Dowry Prohibition Act. And In the matter of: Chanpa Bag .... petitioner Mr. Suman Chakraborty ....for the petitioner Mr. Debabrata Chatterjee, Ld. APP, Ms. Manisha Sharma ....for the State 1.

Heard the learned counsel for the parties.

2.

The petitioner is the mother-in-law of the victim. The principal accused Tushar Kanti Bag, the husband of the deceased is presently in custody.

3.

Considering the nature and extent of complicity of the petitioner in the commission of the alleged offence and having regard to the fact that she is a widow and almost a senior citizen and having regard to the fact 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, Chanpa Bag shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the Signed By :

TANMOY NANDAN High Court of Calcutta 11 th of September 2024 09:58:18 AM

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 Chief Judicial Magistrate, Howrah within two weeks from date.

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.) (Prasenjit Biswas, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 11 th of September 2024 09:58:18 AM