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Calcutta High CourtCRM/10120/2020allowed

Madhabika Dey v. State Of West Bengal

2020-12-10Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

C.R.M. 10120 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tarakeswar P.S. Case No. 17 of 2020 dated 04/02/2020 under Section 498A/307/34/302 of the Indian Penal Code.

rkd 10.12.2020 Ct. No.28 (Allowed) And In the matter of: Madhabika Dey ....petitioner.

Mr. G. Banerjee ...for the petitioner.

Mr. B. K. Roy, Ms. R. Datta ...for the State.

It is submitted on behalf of the petitioner that she is the married sister-in-law of the victim housewife and has been falsely implicated in the instant case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the dying declaration of the victim. Petitioner is not named in the dying declaration. In view of the extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to the petitioner.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)