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Calcutta High CourtCRM (A)/4121/2023allowed

Ritarani Samanta@ Rita Samanta v. State Of West Bengal

2023-10-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

11.10.2023 M/L 32 Ct. No.25 (Allowed) (SKB) CRM (A) 4121 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Shyampur P. S. Case No.850 of 2023 dated 04.09.2013 under Sections 498A/304B/306/34 of the Indian Penal Code and Section 4 of the D.P. Act (G.R. Case No.2160 of 2023).

In the matter of : Ritarani Samanta @ Rita Samanta ... Petitioner Mr. Soumya Basu Roy Chowdhuri ... for the petitioner Mr. Debabrata Chatterjee, ld. APP Mr. Santanu Chatterjee, Ms. Mousumi Sarkar ... for the State

1. Heard learned advocates for the parties.

2. The present petitioner is the mother-in-law of the victim lady who committed suicide at her paternal home on account of alleged matrimonial dispute. It is fairly submitted at the Bar that though the petitioner is named in the FIR, but her name does not transpires in the statement of the witness recorded under Section 161 Cr.P.C.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, the absence of name of the petitioner in the statement of the witness as recorded under Section 161 Cr.P.C. and substantial progress in investigation, it is

directed that the petitioner shall be released on bail by the Arresting Officer in the event of her arrest in the G.R. Case No.2160 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 4121 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

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