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Calcutta High CourtCRM (A)/4627/2023allowed

Nilima Ghorai@Patar And ANR v. State Of West Bengal

2023-12-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

05.12.2023 (A. 50) C.R.M. (A) 4627 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Narayangarh Police Station Case No. 118 of 2023 dated 20.04.2023 under Sections 498A/302/109/34 of the Indian Penal Code.

Court No. 29 S. Banerjee (Allowed) And In the matter of: Nilima Ghorai @ Patar & Anr. ....petitioner Mr. Arun Khutia Ms. Debjani Sahu ...for the petitioner Mr. Debasish Roy, Ld. P.P.

Mr. Ankit Mitra Ms. Jonaki Saha ...for the State

1. Heard the learned counsel for the parties.

2. The petitioner no. 1 is the married sister-in-law of the deceased and the petitioner no. 2 is the husband of the petitioner no. 1. The petitioner no. 2 having been already arrested in the meantime, this petition for anticipatory bail is dismissed as not pressed in respect of petitioner no. 2. So far as petitioner no. 1 is concerned, there is no specific allegation against her though there is some allegation at the fringe in respect of torture and harassment meted out to the deceased whenever she (the petitioner no. 1) was visiting her parent's house. Charge-sheet is stated to have been filed.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and completion of investigation, the petitioner no. 1 shall surrender before the learned Additional Chief Judicial Magistrate, Kharagpur in GR Case No. 438 of 2023 within 15 days from date.

4. On her surrender and application for bail she shall be released on bail by the aforesaid court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. With the aforesaid observation and direction, the application being CRM(A) 4627 of 2023, is disposed of.

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