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Calcutta High CourtCRM(A)/1010/2023allowed

Reba Baral @ Reba Deb And ANR v. The State Of West Bengal

2023-12-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

14.12.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.27 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 1010 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.12.2023 in connection with Dinhata Police Station Case No. 681 of 2023 dated 03.12.2023 under Sections 448/323/325/307/506(2)/34 of the Indian Penal Code. And In Re: Smt. Reba Baral @ Reba Deb & Anr.

... ... Petitioners Mr. Janardan Periwal Mr. Rajesh Kr. Sharma ... ... for the petitioners Mr. Aditi Shankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Tapan Bhattacharjee Mr. Kallol Nag ... ... for the State

1. It is submitted on behalf of the petitioners that there was a scuffle amongst family members. It is further submitted petitioners have been falsely implicated. Accordingly, they pray for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail.

3. We have considered the materials on record. Allegation of attempt to murder the victim is not supported by medical evidence. Petitioners are the women folk in the family. Under such circumstances, we are of the opinion custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely (1) Smt. Reba Baral @ Reba Deb & (2) Smt. Mridula Boral @ Baral, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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. They shall appear before the court below and pray for regular bail within four weeks from date.

5. The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)