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Calcutta High CourtCRM (A)/5151/2023allowed

Mithu Diyan @ Mithu Dewan And ANR. v. State Of West Bengal

2024-01-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

ss 30.01.2024 CRM (A) 5151 of 2023 In re : An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station Case No. 457 of 2022 dated 10.10.2022 under Sections 498A/328/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Mithu Diyan @ Mithu Dewan & Anr. ... ...petitioners Mr. Amit Ranjan Pati Ms. Anjana Mehebub ... ... for the petitioners Mr. B. Bapuli, APP Mr. R. Jana ... ...For the State Claim for parity with the other co-accused who was enlarged on anticipatory bail by the order dated May 19, 2023 passed in CRM (A) 2097 of 2023 is not being disputed by the State.

Police filed charge-sheet.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners 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

petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. Hence, the application for anticipatory bail is disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)