Calcutta High CourtCRM (A)/5592/2023allowed

Jabarani Ghosh And ANR. v. The State Of West Bengal

2024-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.02.2024 Serial no. 42 Anticipatory Bail [Partly Allowed] Dd CRM (A) 5592 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Naihati Police Station Case No. 293 of 2023 dated 21.09.2023 under Sections 498A/323/325/406/417/506/34 of the Indian Penal Code, 1860 and Sections 3/ 4 DP Act.

(G.R. Case No. 7922/2023) -AndIn the matter of : Jabarani Ghosh & Anr. ... ... Petitioners Mr. Pratip Kr. Chatterjee, Advocate ... ... For the Petitioners Mr. Bitasak Banerjee, Advocate ... ...For the State Court is informed that the petitioner no. 2 expired. In such circumstances, CRM (A) 5592 of 2023 is dismissed as infructuous so far as the petitioner no. 2 is concerned.

Police complaint was lodged 29 years after marriage. Materials in the case diary does not suggest requirement of custodial interrogation of Petitioner no. 1 (Jabarani Ghosh) In such circumstances, we grant anticipatory bail to the Petitioner no. 1 (Jabarani Ghosh).

Accordingly, we direct that in the event of arrest the Petitioner no. 1 (Jabarani Ghosh) 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 Petitioner no. 1 (Jabarani Ghosh) shall cooperate with

the investigation till its completion and on further condition that the Petitioner no. 1 (Jabarani Ghosh) 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 no. 1 (Jabarani Ghosh) in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of Petitioner no. 1 (Jabarani Ghosh) is allowed.

CRM (A) 5592 of 2023 is disposed of.

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