Jharna Maity @ Jharna Maiti And ORS v. State Of West Bengal

C.R.M. (A) 5724 of 2023 04.01.2024 Sl.38 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station Case No. 355 of 2023 dated 17.06.2023 under Sections 498A/302/304B/34 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961 corresponding to G.R. Case No.661 of 2023.

And In the matter of: Jharna Maity @ Jharna Maiti & Ors. ....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. Anand Keshari ...for the State.

Petitioners pray for anticipatory bail.

Husband was enlarged on bail by the High Court. Police filed charge sheet, inter alia, under Section 498A/302/34 of the Indian Penal Code, 1860.

Since the investigations are over and the police did not arrest the petitioners before us, who are in-laws, prior to the filing of the charge sheet or took any steps for their arrest, we enlarge the petitioners on anticipatory bail.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 5724 of 2023 is disposed of.

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