Saroj Devi Bhukania v. The State Of West Bengal

16. 09 . 2020 CRM 6672 of 2020 With CRAN 1 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. BP Sl.49 In the matter of : Saroj Devi Bhukania......petitioner Ms. Varsha Agarwalla ..for the petitioner.

Ms. Z.N. Khan Ms. Sujata Das ..for the State.

Ms. Rituparna Dey Ghosh ..for the defacto complainant.

The petitioner is the mother in law of the defacto complainant. The petitioner cannot be directly arrested in an offence under Sections 498A/406 of the India Penal Code without the permission of the learned Jurisdictional Magistrate.

Therefore, application for pre-arrest bail is not maintainable at this stage.

The petitioner is directed to meet the I.O. within three weeks from the date of this order for recording her statement. On compliance of the above order the

I.O. is refrained from arresting the petitioner. The instant C.R.M. 6672 of 2020 and C.R.A.N. 1 of 2020 are accordingly disposed of.

(Samapti Chatterjee, J. ) (Bibek Chaudhuri, J.)