Minakshi Barman v. State Of West Bengal

04-04-2025 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 204 of 2025 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Ghoksadanga Police Station Case No. 676 of 2024 dated 14.12.2024 under Sections 85/89/109 of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. - A n d - In the matter of : Minakshi Barman .... Petitioners.

Mr. Hillol Saha Poddar, Ms. M. Das, ... For the Petitioners.

Mr. Ujjwal Luksom, Mrs. Namrata Das, ... For the State.

1.

The petitioner is the mother-in-law of the victim lady. She says that she has been falsely implicated. Things have been blown out of proportion. She is fully prepared to cooperate with the Investigating Officer. Her son, being the husband of the victim has been taken into custody. He is the prime accused. She prays for bail.

2.

Learned State Advocate draws my attention to the statement of the victim lady recorded under Section 164 of the Code. She implicates her husband as well as the in-laws including the petitioner. However, the main allegation is against her husband.

3.

I have also seen the injury report. The victim did not sustain any major injury. Although one medical report says there was spontaneous abortion, there could be several reasons for the same.

4.

Considering the material on record, the fact the petitioner is aged about 62 years and she is a housewife and also the fact that the prime accused is in custody, I am of the view that immediate custodial interrogation of the petitioner may not be necessary so long as she cooperates with the Investigating Officer. 5.

Accordingly, in the event of arrest, the petitioner, namely Minakshi Barman, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that the petitioner shall report to the Investigation Officer within seven days.

6. In case the petitioner fails to adhere to any of the conditions mentioned hereinabove or in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 7.

The application for anticipatory bail being CRM (A) 204 of 2025 is disposed of.

8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )