Kabita Roy v. State Of West Bengal

14.10.2020 srm CRM 7715 of 2020 With CRAN 1 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Entally Police Station Case No. 404 dated 18.12.2020 under Sections 120B/467/468/471/420 of the Indian Penal Code. And In Re: Kabita Roy ... ... Petitioner.

Mr. Ujjal Ray ...... for the petitioner Mr. Madhusudan Sur, Mr. Aniket Mitra ...... for the State The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the Court. The petition is taken up through video-conference on the basis of such undertaking.

Mr. Ray, learned Advocate appearing for the petitioner submits that the petitioner is not connected with the present case. The husband of the petitioner is the principal accused. He is already in custody. Therefore, the petitioner should be granted anticipatory bail.

Mr. Madhusudan Sur, learned Advocate appearing for the State opposes the prayer for anticipatory bail and produces the case diary and draws the court's attention to the statement under Section 161 of the Cr.P.C. of some local people.

Considering the contents of the case diary, we are of the considered view, the petitioner should be granted anticipatory bail.

Accordingly, the prayer for anticipatory bail is allowed. In the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount, one of whom must be local, 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 on further condition that the petitioner shall meet the investigating officer as and when requires.

Thus, CRM 7715 of 2020 and CRAN 1 of 2020 are disposed of.

(Aniruddha Roy, J.) (Samapti Chatterjee, J.)