Sabitri Barui v. State Of West Bengal And ANR

03.02.2023 tkm/ct 28 C.R.M. (DB) 4474 of 2022 sl no. 64 In Re : An application under section 439(2) of the Code of Criminal Procedure And In Re : Sabitri Barui ....... petitioner Mr. Navanil De Mr. R Chakraborty Mr. Srinjan Ghosh Mr. S Dey Ms. M Mukherjee ...... for the petitioner Mr. S Bapuli Ms. Sayanti Santra ...... for the State Petitioner assails the bail granted to opposite party no. 2. It is contended after opposite party no. 2 was released on bail, parties reconciled and started residing together as husband and wife. Subsequently, petitioner has been thrown out of the matrimonial home along with her minor child.

Even if the allegations are believed, such situation would attract a fresh cause of action. Conduct of the parties to reconcile and live together as husband and wife was neither desired nor a condition of bail.

Hence, we do not find any reason to interfere with the order granting bail to opposite party no. 2.

With the aforesaid observation CRM (DB) 4474 of 2022 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)