Maitri Dutta v. The State Of West Bengal

23.12.2024 sdas Allowed C.R.M. (A) No. 4565 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Berhampore Police Station Case No. 1773 of 2024 dated 06.11.2024 under Sections 406/409/420 of the Indian Penal Code.

And In Re : Maitri Dutta ..... petitioner Mr. Phiroze Edulji, Sr. Adv.

Ms. Sanjana Saha .....for the petitioner Mr. Bibhasan Bhattacharjee Ms. Chandreyi Dutta .....for the State 1.

Learned Senior Advocate for the petitioner submits there is inordinate delay in lodging FIR. Allegation that petitioner had taken money in order to facilitate transfer of de facto complainant to a school within Berhampore Police Station is out and out false. Accordingly, she prays for anticipatory bail.

2.

Learned Counsel for the State opposes the prayer for anticipatory bail and submits petitioner is the head teacher of a primary school at Berhampore. She had induced the de facto complainant, an assistant teacher of Sanwara Primarily School to pay money for facilitating his transfer to a school within Berhampore Police Station.

3.

We have considered the materials on record.

Though allegations are serious we note incident is alleged to have taken place five years ago. No contemporaneous Signed By :

SHANTANU DAS High Court of Calcutta 24 th of December 2024 06:09:12 PM

complaint was filed either to the police or to any other authority. De facto complainant also did not make enquiries earlier for refund of money. In this backdrop possibility of false implication cannot be ruled out. Accordingly, we are of the opinion custodial interrogation for progress of investigation is not necessary but petitioner requires to co-operate with investigation in accordance with law.

4. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that she shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

5. The application for anticipatory bail is, thus, allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 24 th of December 2024 06:09:12 PM