Calcutta High CourtCRM (A)/3594/2024allowed

Nuresha Bibi v. The State Of West Bengal

2024-10-07Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

07.10.2024 SL No.33 Court No.29 (gc) (Allowed) CRM (A) 3594 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Daspur Police Station Case No.447 of 2021 dated 16.09.2021 under Sections 498A/323/307/34 of the Indian Penal Code and 3/4 Dowry Prohibition Act, 1961.

And In the matter of : Nuresha Bibi .... Petitioner.

Ms. Sananda Bhattacharyya ....For the Petitioner.

Mr. B.K. Panda, Ms. Ayana De ... For the State.

1. Heard the learned Counsel for the parties.

2. The petitioner is the mother-in-law of the de facto complainant.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence, the injury report and the role ascribed to the petitioner and also having regard to the fact that she is a lady and, moreover, the 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, Nuresha Bibi, shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023. Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 8 th of October 2024 02:21:31 PM

5. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur in connection with G.R. Case No.1122 of 2021 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.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 8 th of October 2024 02:21:31 PM