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Calcutta High CourtCRM (A)/4624/2023allowed

Sangita Sen v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.01.2024 Serial no. 58 Anticipatory bail [Allowed] Dd CRM (A) 4624 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Haringhata Police Station Case No. 395 of 2019 dated 31.10.2019 under Sections 498(A)/306/34 of the Indian Penal Code, 1860.

(G.R. Case No. 138 / 2020 ) -AndIn the matter of : Sangita Sen ... ... Petitioner Mr. Saryati Dutta, Mr. Sanjib Kumar Dan, Advocate ... ... For the Petitioner Mr. S. S. Imam, Mr. R. Jana, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Apparently, the allegations are directed against the mother-in-law of the victim who expired.

Husband of the victim was taken into custody and granted bail by the jurisdictional Court.

Police filed charge sheet.

Petitioner before us is married sister-in-law of the victim.

In such circumstances, we confirm the interim order granted on October 16, 2023.

Consequently, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4624 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)