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Calcutta High CourtCRM/11263/2020allowed

Mousumi Khatun @ Mousumi Mondal v. State Of West Bengal

2021-03-26Hon'Ble Justice Arindam Sinha,Hon'Ble Justice Suvra Ghosh3 pages

26.03.2021 Ct.04 RP 129 Allowed CRM 11263 of 2020 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No.334 of 2020 dated 30.08.2020 under Sections 498A/302 of the Indian Penal Code.

And In the matter of : Mousumi Khatun @ Mousumi Mondal .... Petitioner Ms. Jeenia Rudra .... For the Petitioner Mr. Saibal Bapuli Mr. Arani Bhattacharya .... For the State The present application under section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Mousumi Khatun @ Mousumi Mondal is taken up for hearing and order.

It is submitted on behalf of petitioner that the petitioner is the married sister-in-law of the victim and had no role to play in the alleged incident. The husband who is the principal accused has been granted bail earlier. The State produces the case diary and refers to the statement of witnesses and opposes the prayer for anticipatory bail. Investigation is complete and charge sheet is submitted.

It appears that the petitioner is the married sister-inlaw of the victim. The main thrust of the allegation is upon the husband of the victim who is on bail. Considering the

extent of complicity of the petitioner in the alleged crime, we are inclined to hold that custodial interrogation of the petitioner is not required.

Accordingly, in the event of arrest, the petitioner is directed to be released on anticipatory bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) with two sureties of like amount to the satisfaction of the Arresting Officer. The petitioner will abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 11263 of 2020 is disposed of.

(Arindam Sinha, J.) (Suvra Ghosh, J.)