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[Cites 7, Cited by 0]

Calcutta High Court (Appellete Side)

Smt. Bina Das vs Unknown on 17 May, 2022

Author: Debangsu Basak

Bench: Debangsu Basak

21   17.05.2022                         C.R.M. (A) 2181 of 2022
(AD)
     Court No.29
      (Allowed)    In Re: - An application for anticipatory bail under Section 438 of

the Code of Criminal Procedure in connection with Jadavpur P.S. Case No.78 of 2022 dated 05/04/2022 under Sections 498A/304B/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

And In the matter of: Smt. Bina Das ....petitioner.

Mr. Ranadeb Sengupta Mr. Sachit Talukdar ...for the petitioner.

Mr. Debabrata Chatterjee, Ld. APP Mr. M. Sarkar ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the father-in-law was enlarged on anticipatory bail by the jurisdictional Court. The daughter-in-law and her husband were enlarged on anticipatory bail by the jurisdictional Court.

Learned Advocate appearing for the State submits that there are statements made by the neighbours as against the petitioner. He submits that the death occurred within three months from the date of marriage.

Considering the fact that the husband of the victim is still in custody and considering the fact that the father-in-law of the victim along with the other two in-laws were enlarged on anticipatory bail by the jurisdictional Court and considering the nature of allegations as against the petitioner, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of 2 Rs.10,000/- (Rupees Ten Thousand Only) 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 and on further condition that the petitioner will coopeate with the investigation till the conclusion of the investigation and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 2181 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)